The veteran's appeal has been dismissed as she withdrew her appeal in October 2008.
The deciding factor: The veteran requested to withdraw her appeal due to satisfaction with the most recent RO decision and a desire for her claims folder to be returned to the Roanoke RO.
- Claimed conditions
- bilateral pes planus with hammertoes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2008
- Citation
- 0839125
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 0839125.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the case to the RO for additional action regarding the Veteran's service-connected bilateral flat feet with hammertoes, as well as his claims of entitlement to service connection for a neck disorder and low back pain. The issues of whether new and material evidence had been received to reopen these claims were not addressed.
- Granted
The Veteran's service-connected bilateral pes planus with hammertoes is rated at 30 percent effective January 8, 2009. The claim for left foot Morton's neuroma was granted. Service connection for a low back disability and a cervical spine disability secondary to the service-connected bilateral pes planus with hammertoes has been granted. No new and material evidence was received to reopen claims of service connection for headaches.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional medical records and an updated VA examination. The claim will be reconsidered in light of these new pieces of evidence.
- Denied
The veteran's service-connected bilateral pes planus with hammertoes does not meet the criteria for a TDIU rating based on an extraschedular evaluation as his disability is rated at 50% and he has other occupational experience. The Board finds that the preponderance of evidence is against a finding that the veteran is unemployable due to his service-connected disabilities.
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