The veteran has withdrawn his appeal regarding all issues on appeal, and the Board has no jurisdiction to further adjudicate or address these claims.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
Veterans Law Judge
Decisions by this judge: 2,242 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's claim for service connection for left lower extremity radiculopathy, which is secondary to her degenerative changes of the lumbar spine, has been remanded due to a duty-to-assist error. The Board found that VA did not obtain private medical records from Hiro Chiropractic and Springfield Family Physicians, who treated the Veteran during the period on appeal.
- Granted
The Veteran's service-connected bilateral pes planus, metatarsalgia of both feet, plantar fasciitis of both feet, and neuropathy of both feet have been granted effective July 14, 2014. The Veteran also received a separate rating for hammertoes of the right foot (10%) and left foot (10%), as well as arthritis of the first MTP joint of the right and left foot (10%).
- Granted
The Veteran's claims for service connection have been granted, with the exception of gastrointestinal disability other than umbilical hernia (including irritable bowel syndrome) and back disability. The Board found new evidence relevant to these claims.
- 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.
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