The veteran withdrew his appeal for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for a heart condition, and the appeal was dismissed.
The deciding factor: The veteran requested to withdraw his appeal in December 2008 before the Board promulgated a decision.
- Claimed conditions
- heart disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0902939
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for a heart disorder, specifically atrial fibrillation, due to exposure to herbicide agents during active duty service in the Republic of Vietnam.
- Remanded (sent back)
The Board remands the claims for service connection for heart disorder, stroke residuals, sleep apnea, and gastroesophageal reflux disease (GERD) to obtain addendum opinions addressing specific risk factors.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory disorder, heart disorder, diabetes mellitus type II, and hypertension, as well as entitlement to a special monthly pension, due to insufficient evidence regarding in-service exposure to herbicide agents.
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