The Board dismissed the Veteran's appeals for increased ratings and an earlier effective date for special monthly compensation.
The deciding factor: The August 2023 rating decision implementing the December 2022 Board decision is not appealable, as it was a ministerial action with no room for choice or discretion.
- Claimed conditions
- sinusitis, bilateral pes planus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065682
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.