The Board has dismissed the Veteran's appeals for ratings greater than 20 percent for lumbar strain with spondylolisthesis and joint space narrowing, a compensable rating for right medial tibial stress syndrome (also claimed as right ankle shin splints), and a rating greater than 30 percent for asthma.
The deciding factor: The Board found that the issues were moot due to the issuance of a November 2024 Board decision which decided the same claims in an earlier April 2021 rating decision under the Appeals Modernization Act (AMA).
- Claimed conditions
- lumbar strain with spondylolisthesis and joint space narrowing, right medial tibial stress syndrome (also claimed as right ankle shin splints), asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24071831
Veterans Law Judge
Decisions by this judge: 1,185 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24071831.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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