The veteran withdrew his appeal on the claims before the Board, and the appeal is dismissed.
The deciding factor: The veteran's authorized representative withdrew the appeal in April 2008, resulting in a lack of jurisdiction for the Board to review the case.
- Claimed conditions
- lumbar strain with herniated nucleus pulposus, radiculopathy of right lower extremity, radiculopathy of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2008
- Citation
- 0813149
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a total disability rating based on individual unemployability due to service-connected disabilities, while denying increased ratings for bipolar I disorder and social anxiety disorder with cued panic attacks, radiculopathy of the right lower extremity, and a compensable rating for cervicogenic headaches.
- Partly granted
The Board reinstated the 40 percent rating for degenerative arthritis of the thoracolumbar spine and radiculopathy of right lower extremity. It also granted a 40 percent rating for radiculopathy of the left lower extremity and effective dates of June 27, 2018, for TDIU and DEA.
- Dismissed
The appeals for service connection for bilateral eye floaters, chalazion, and radiculopathy of the right and left lower extremities were dismissed as the Veteran withdrew them during a hearing.
- Dismissed
The appeal was dismissed due to the Veteran's death during its pendency.
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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.