The Veteran's appeals for service connection for diabetes mellitus, erectile dysfunction, hearing loss, tinnitus, arthritis of the bilateral hips and knees, neuropathy of the right and left hand, sleep apnea, and PTSD were withdrawn by the appellant prior to promulgation of a decision.
The deciding factor: The claims were dismissed as the Veteran withdrew his appeals for these conditions before a final decision was made.
- Claimed conditions
- diabetes mellitus, erectile dysfunction, hearing loss, tinnitus, arthritis of the bilateral hips, arthritis of the bilateral knees, neuropathy of the right and left hand, sleep apnea, post-traumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905607
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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