The veteran withdrew his appeal for an increased rating for postoperative residuals of osteoid osteoma of the right distal fibula, and the appeal was dismissed. The Board also found that there was no clear and unmistakable error in previous rating decisions.
The deciding factor: The veteran's withdrawal of the appeal on the issue of entitlement to an increased rating for postoperative residuals of osteoid osteoma of the right distal fibula resulted in its dismissal, as there were no remaining allegations of errors of fact or law for appellate consideration. The Board also found that there was no clear and unmistakable error in previous rating decisions.
- Claimed conditions
- postoperative residuals of osteoid osteoma of the right distal fibula, numbness of the right lower leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904719
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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