The veteran withdrew the appeal of whether new and material evidence had been received to reopen the claim for service connection for a left knee disability.
The deciding factor: The veteran stated on the record at the hearing before the Board that he intended to withdraw the appeal, thus there is no question of fact or law remaining for appellate consideration.
- Claimed conditions
- anxiety and panic disorder, upper back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900296
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 tinnitus, remanded claims for service connection for an upper back disability and headaches, and remanded the claim for a compensable rating for left recurrent corneal erosion syndrome.
- Remanded (sent back)
The Board remands the claims for service connection for an upper back disability and lower back pain due to a pre-decisional duty to assist error.
- Denied
The Board denied service connection for tinnitus, an upper back disability, and a thoracolumbar spine disability as the evidence did not support a finding that these conditions were related to the Veteran's active or Reserve service.
- Partly granted
The Board denied service connection for a low back, upper back, bilateral arm, and knee disability, as well as an eating disorder and stress disorder. However, the Board granted a 50 percent rating for depression.
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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.