The veteran withdrew the appeal before the Board promulgated a decision.
The deciding factor: The appellant requested withdrawal of the appeal, thus there are no specific errors of fact or law to address.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Left upper extremity hemiparesis and radiculopathy, Left lower extremity hemiparesis and radiculopathy, Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2009
- Citation
- 0908842
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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