The Board dismissed the claims for a rating 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), a rating greater than 30 percent for asthma, and a total disability rating based on individual unemployability as moot.
The deciding factor: The claims were dismissed as a matter of law due to the Board's decision in November 2024 adjudicating the identical issues.
- 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
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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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