The Veteran withdrew his appeal on the issues of increased ratings for prostate cancer, peripheral neuropathy of the right and left lower extremities, and cephalgia. The claim for an increased evaluation for bilateral defective hearing was denied as no compensable rating could be assigned.
The deciding factor: The Veteran's withdrawal of certain claims and the lack of evidence supporting a higher rating for bilateral defective hearing led to the dismissal or denial of these issues respectively.
- Claimed conditions
- prostate cancer, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, cephalgia, bilateral defective hearing, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2009
- Citation
- 0906342
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for service connection for erectile dysfunction due to an inadequate VA opinion regarding its etiology.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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