The veteran withdrew his appeal concerning the claim for an increased rating for hiatal hernia with reflux (now rated 10 percent disabling).
The deciding factor: The veteran's representative withdrew the veteran's appeal in writing.
- Claimed conditions
- hiatal hernia with reflux
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2006
- Citation
- 0602062
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for bilateral pes planus, residuals of left and right inguinal hernia repair, and a 40 percent rating for lumbar strain from July 2, 2013. The claims for increased ratings for PTSD, hypertension, hiatal hernia, and arthritis were denied.
- Remanded (sent back)
The claim for an earlier effective date for a total disability rating based on individual unemployability due to service-connected disabilities is remanded again due to failure to substantially comply with prior remand instructions.
- Dismissed
The Veteran withdrew his appeal on the issues of service connection for hiatal hernia with reflux, erectile dysfunction, and adjustment disorder with depressed mood. The claim to reopen a previous denial of service connection for sociopathic personality was not considered as the Veteran withdrew the appeal.
- Denied
The veteran's heart disability manifested by atrial and supraventricular dysrhythmia with exercise clearly and unmistakably existed prior to service and was not aggravated thereby. The veteran is not shown to have a cervical spine condition, headaches, sinus condition, an innocently acquired psychiatric condition, low back condition, hiatal hernia with reflux or other stomach condition due to disease or injury that was incurred in or aggravated by active service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.