The appeal is dismissed as the benefit sought is already in effect.
The deciding factor: The Board reinstated the 10 percent disability rating for the tender and painful scar, making the appeal moot.
- Claimed conditions
- tender and painful scar associated with a service-connected amputation, distal third of the proximal phalanx, right ring finger
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903349
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 initial compensable ratings for right ring and little fingers due to an inadequate VA examination.
- Dismissed
The Veteran withdrew the appeals for service connection of right pinky finger, right ring finger, and right middle finger.
- Partly granted
The September 1983 Board decision that denied entitlement to a disability rating in excess of 10 percent for the residuals of the amputation was found to be clearly and unmistakably erroneous, as it failed to consider whether the February 1970 award of a separate 10 percent rating for the scar was correct or if the discontinuation of the 10 percent rating for the scar in October 1982 was proper. The Board determined that the veteran is entitled to restoration of his 10 percent disability rating for the scar from January 1, 1983.
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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.