The veteran's appeals for service connection for bronchitis, left testicle hydrocele, a left thigh disability, and left knee prepatellar bursitis have been dismissed due to withdrawal of the appeal by his representative. The claims for herpes simplex, residuals of a L5 fracture, and right shoulder bursitis are being remanded for further development.
The deciding factor: The veteran's representative withdrew the appeals for bronchitis and left testicle hydrocele prior to the promulgation of a decision in the appeal.
- Claimed conditions
- bronchitis, left testicle hydrocele, left thigh disability, left knee prepatellar bursitis, herpes simplex, residuals of a L5 fracture, right shoulder bursitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2008
- Citation
- 0817526
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 0817526.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeal for revising the May 2013 rating decision regarding initial, 10 percent disability ratings for left and right shoulder disabilities due to CUE is dismissed because it is legally precluded by the doctrine of res judicata.
- Remanded (sent back)
The Veteran's claims for frequent urination, erectile dysfunction, chronic pain multiple joints, paroxysmal atrial fibrillation and chronic bradycardia, acid reflux, bronchitis, and obstructive sleep apnea are remanded due to the presence of service-connected conditions.
- Dismissed
The Veteran's claims for service connection have been dismissed due to the death of the Veteran.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for bronchitis, OSA as secondary to rhinitis, and migraine headaches as secondary to hypertension or OSA. The AOJ will need to provide additional medical opinions addressing the nature and etiology of these conditions, including considering the synergistic effects of all relevant exposures.
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