The appeal was dismissed as the Veteran withdrew his claims for service connection for pilonidal cyst, bilateral defective hearing, low back disability, colon polyps, and sleep disturbance on a direct basis, and for a skin disorder, sarcoidosis, and aortic valvular disease, claimed as due to herbicide exposure. The claim of new and material evidence was also denied.
The deciding factor: The decision was based on the Veteran's withdrawal of his appeal and the denial of new and material evidence to reopen the claim for post-operative correction of obstruction to right ureter.
- Claimed conditions
- sarcoidosis, aortic valvular disease, pilonidal cyst, bilateral defective hearing, low back disability, colon polyps, sleep disturbance, skin disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2009
- Citation
- 0906114
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.