The Veteran's appeal was withdrawn for all issues except TDIU, which has been granted effective April 7, 2005.
The deciding factor: The Veteran and his attorney withdrew their appeals of the remaining service connection and rating claims at a February 2009 Board hearing, as an award of TDIU would satisfy their appeal.
- Claimed conditions
- residuals of a head injury, major depressive disorder (claimed as depression), periodontal disease, TMJ dysfunction and loss of vertical dimension due to missing teeth, degenerative disc disease of the cervical spine, motor weakness and sensory deficit of the right arm and hand, associated with degenerative disc disease of the cervical spine, residuals of a right shoulder injury with rotator cuff syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2009
- Citation
- 0909437
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0909437.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Granted
The Veteran's periodontal disease is service-connected for treatment purposes only, given his current 100% schedular evaluation.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient examination and a pre-decisional duty to assist error. A new VA examination is required.
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