The Veteran's claims for increased ratings on multiple conditions have been dismissed as the Veteran elected concurrent review options, which is not allowed under VA regulations.
The deciding factor: The Veteran filed a request for higher-level review and then a Board appeal within one year of the December 2021 rating decision, violating the prohibition against concurrent election of administrative review options.
- Claimed conditions
- Parkinson's disease depression, balance impairment, bradykinesia popliteal nerve left lower extremity, bradykinesia popliteal nerve right lower extremity, loss of sense of smell, muscle rigidity and stiffness left upper extremity, sexual dysfunction, tremors, muscle rigidity, and stiffness right upper extremity, urinary problems, DJD C5-6
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2024
- Citation
- A24085331
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 A24085331.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 is granted special monthly compensation (SMC) at the (r)(2) level due to his service-connected disabilities requiring a higher level of care.
- Dismissed
The Veteran withdrew her appeals for service connection for asthma, fibromyalgia, migraines, and sexual dysfunction.
- Partly granted
The Board granted service connection for PTSD and an initial 20 percent rating for dry eye syndrome with pinguecula, while denying service connection for other psychiatric disorders, bilateral hearing loss, tinnitus, and multiple musculoskeletal conditions. Some claims were remanded for further development.
- Denied
The Board denied increased ratings for various conditions, including loss of the sense of smell, urinary problems, erectile dysfunction, and Parkinson's disease, among others.
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