The veteran withdrew his appeal concerning issues 2 through 9, leaving only the claims for major depressive disorder and whether new and material evidence has been received to reopen a claim of entitlement to service connection for diabetes mellitus.
The deciding factor: The veteran requested withdrawal of several issues from the appeal, including those involving low back disability, right hand disability, left shoulder disability, sinusitis, chronic nose bleeds, sleep apnea, skin disability, and keloid scars. The case is dismissed as these issues are no longer part of the appeal.
- Claimed conditions
- major depressive disorder, low back disability, right hand disability, left shoulder disability, sinusitis, chronic nose bleeds, sleep apnea, skin disability (including seborrhea and acne), keloid scars of the chest, back and shoulders
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2006
- Citation
- 0602540
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
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