The Veteran's appeal was withdrawn for all issues except TDIU, which has been granted effective April 7, 2005.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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
- Denied
The Board denied service connection for various conditions, including residuals of a head injury, bilateral hearing loss, neck disability, gout of the right ankle, unspecified trauma or stress related disorder, tinnitus, and other musculoskeletal issues.
- Dismissed
The veteran's appeal requests for extensions to file an appeal on various rating decisions were denied, and the attempted appeals are dismissed.
- Denied
The Board denied service connection for residuals of a back injury, head injury, and neck injury as the evidence did not support that these injuries occurred during or while traveling from active duty.
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.