The appeal regarding the proposed reduction in the disability rating for painful surgical scars, left ankle from 20 percent to noncompensable (zero percent) was dismissed because the May 2022 rating decision was not a final, appealable decision.
The deciding factor: The May 2022 rating decision was only a proposed action and not an appealable decision on this matter.
- Claimed conditions
- painful surgical scars, left ankle
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065960
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral foot and ankle conditions to correct a duty to assist error, requiring medical opinions on their relationship to the Veteran's service.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right knee, and left knee as secondary to the service-connected right ankle due to a lack of development by the AOJ.
- Partly granted
The Board denied an earlier effective date for the award of service connection for hearing loss and granted an effective date of August 5, 2021, for the award of service connection for chronic sinusitis. The claims for increased ratings and additional service connection were also denied or remanded.
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