The veteran has withdrawn his appeal regarding all issues on appeal, and the Board has no jurisdiction to further adjudicate or address these claims.
The deciding factor: The Veteran expressed his intention to withdraw his appeal in writing, rendering the Board without jurisdiction to proceed with the merits of the claims.
- Claimed conditions
- arthritis of the bilateral hips, degenerative changes of the thoracic spine, degenerative changes of the lumbar spine, metatarsalgia of the left foot, metatarsalgia of the right foot, crepitus of the left knee, degenerative changes of the right knee, arthralgia of the right elbow
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904045
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran withdrew the appeal for reductions in ratings for post operative left femur fracture with leg length discrepancy and chondromalacia residuals, and degenerative changes of the lumbar spine.
- Partly granted
The Board granted service connection for bilateral carpal tunnel syndrome, degenerative disc disease of the lumbar spine, left foot hammer toe, iliotibial band syndrome, right knee, migraines, and benign neoplasm of the thyroid. Service connection was denied for arthritis of the bilateral hips.
- Denied
The Board denied an initial disability rating in excess of 10 percent for metatarsalgia of the left foot, as the maximum schedular evaluation is already assigned.
- Granted
The Board granted a 20 percent rating, but no higher, for the Veteran's left foot metatarsalgia on an extraschedular basis.
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