The Veteran's appeals for a compensable rating for right medial tibial stress syndrome, a rating greater than 30 percent for asthma, and a rating greater than 20 percent for lumbar strain with spondylolisthesis and joint space narrowing were withdrawn and dismissed. The Board granted entitlement to a total disability rating based on individual unemployability (TDIU).
The deciding factor: The evidence is at least equally balanced that the combined effects of the Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation.
- Claimed conditions
- right medial tibial stress syndrome, asthma, lumbar strain with spondylolisthesis and joint space narrowing
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- A24071075
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- 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 various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Denied
The Board denied the Veteran's request for an earlier effective date for service connection for asthma, as he did not file a claim or intent to file a claim within one year of his separation from service.
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