The veteran withdrew his appeals for service connection for Achilles tendonitis, gastrointestinal bleed, left shoulder condition, peripheral neuropathy of both upper extremities, hypertension, diabetes mellitus, automobile and adaptive equipment or for adaptive equipment only, special monthly compensation based on aid and attendance or housebound status, and evaluation in excess of 10 percent disabling for chronic myopathy secondary to the use of steroids for a service connected disability.
The deciding factor: The veteran withdrew his appeals during a hearing before the Board, as evidenced by the transcript of the June 2008 hearing.
- Claimed conditions
- Achilles tendonitis, Gastrointestinal bleed, Cervical spine condition, to include as secondary to the use of steroids for a service connected disability, Left shoulder condition, to include as secondary to the use of steroids for a service connected disability, Peripheral neuropathy of both upper extremities, to include as secondary to the use of steroids for a service connected disability, Hypertension, Diabetes mellitus, to include as secondary to the use of steroids for a service connected disability, Automobile and adaptive equipment or for adaptive equipment only, Special monthly compensation based on aid and attendance or housebound status, Evaluation in excess of 10 percent disabling for chronic myopathy secondary to the use of steroids for a service connected disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2009
- Citation
- 0901098
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Dismissed
The appeal was withdrawn by the Veteran before the Board promulgated a decision.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.