The veteran's appeal for an initial compensable rating for gout of the bilateral feet is being dismissed due to his withdrawal of the appeal. The issue of entitlement to a total disability rating for compensation based on individual unemployability (TDIU) remains pending.
The deciding factor: The veteran withdrew his appeal concerning TDIU at his July 2008 hearing before the Board, thus dismissing the appeal related to this issue.
- Claimed conditions
- gout of the bilateral feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2008
- Citation
- 0843255
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 0843255.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection on all listed conditions was dismissed due to the untimely filing of a Notice of Disagreement.
- Granted
The Board granted a 30 percent rating for gout of the bilateral feet, but no higher.
- Remanded (sent back)
The Board remanded the claim for service connection for diabetes mellitus, including as secondary to other service-connected conditions. The Veteran's theory is that his diabetes was caused by obesity resulting from his service-connected gout, lower back strain, and right ankle bursitis.
- Partly granted
The veteran's service connection for GERD and tinnitus was granted, but denied for gout of the bilateral feet and bilateral hearing loss.
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