The veteran withdrew his appeal for service connection for a cervical spine condition, to include as secondary to right knee and left ankle disabilities.
The deciding factor: The veteran requested the withdrawal of his appeal prior to the Board's decision being promulgated.
- Claimed conditions
- cervical spine condition
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903438
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for tinnitus, resolving reasonable doubt in the Veteran's favor. The claims for a cervical spine condition and lumbar spine condition were remanded for further development.
- Denied
The Board denied the veteran's claims for increased ratings and other benefits, finding that the evidence did not support higher ratings or additional compensation.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
- Dismissed
The Board dismissed the appeals for service connection and rating issues due to untimely filings or lack of jurisdiction over deferred claims.
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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.