The appeal was dismissed as the claim for service connection for a left foot disability has already been granted, and no issue of controversy remains.
The deciding factor: No justifiable case or controversy exists since the claim has already been allowed with an assigned rating and effective date.
- Claimed conditions
- symptomatic pes planus of the bilateral feet with status post fusion surgery of the left foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 20, 2009
- Citation
- 0906446
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.