The Board dismissed the Veteran's claims for service connection and increased ratings due to improper concurrent election of multiple review options.
The deciding factor: The Veteran made an improper concurrent election of multiple review options, which is prohibited under the Appeals Modernization Act (AMA).
- Claimed conditions
- hypogonadism, major depressive disorder (claimed as insomnia), right shoulder strain, unspecified anxiety disorder (claimed as insomnia), low testosterone, allergic rhinitis (previously rated with sinusitis and claimed as rhinorrhea), cervical degenerative disc disease (previously evaluated as cervical spondylosis), hypertension, which is currently 10 percent disabling, intervertebral disc syndrome with transitional lumbosacral vertebrae with mid and lower lumbar spondylosis with lumbosacral strain (claimed as thoracic spine pain, lumbar DDD, strain and formerly evaluated under DC5292 and DC 5242), bilateral eye lattice degeneration of the peripheral retina, left shoulder strain, left upper extremity radiculopathy, ulnar nerve (claimed as cervical radicopathy), osteoarthritis, left hip with trochanteric pain syndrome (limitation of extension) (claimed also as increase for left hip, osteoarthritis and bursitis), osteoarthritis of the left hip with trochanteric pain syndrome (limitation of flexion) (claimed also as increase for left hip, osteoarthritis and bursitis), left hip trochanteric pain syndrome (limitation of rotation) (previously rated as left hip arthritis and claimed also as increase for left hip, osteoarthritis and bursitis), sciatic nerve involvement, right lower extremity, residual, scar, left shoulder open reduction internal fixation (ORIF) surgery incision, right upper extremity radiculopathy, ulnar nerve (claimed as cervical radicopathy), chronic sinusitis (previously rated with allergic rhinitis and claimed as rhinorrhea), tinea pedis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2025
- Citation
- A25035937
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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