The Veteran withdrew his appeal for the issues of entitlement to an initial disability rating in excess of 40 percent as of October 28, 2008, for a low back disability with mechanical and segmental dysfunction, spondylolisthesis, sacroiliac joint dysfunction, and degenerative changes; entitlement to an initial disability rating in excess of 20 percent for tremors of the right hand associated with diabetes mellitus; entitlement to an initial disability rating in excess of 20 percent for tremors of the left hand associated with diabetes mellitus; entitlement to a disability rating in excess of 20 percent for diabetes mellitus with hypertension, nephropathy, and impotence; and entitlement to an initial rating in excess of 10 percent for right ankle strain (recurrent sprains) on the basis of CUE in a January 3, 2002, RO decision.
The deciding factor: The Veteran withdrew his appeal during the pendency of this case, thus there are no issues to decide regarding these claims.
- Claimed conditions
- bilateral foot disorder, bilateral Achilles tendinitis, low back disability with mechanical and segmental dysfunction, spondylolisthesis, sacroiliac joint dysfunction, and degenerative changes, tremors of the right hand associated with diabetes mellitus, tremors of the left hand associated with diabetes mellitus, diabetes mellitus with hypertension, nephropathy, and impotence, right ankle strain (recurrent sprains)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2009
- Citation
- 0910404
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for tinea pedis of the left foot and remanded claims for a bilateral foot disorder, cervical disorder, left shoulder disorder, lumbosacral disorder, right shoulder disorder, right knee disorder, left knee disorder, and eardrum disorder.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Remanded (sent back)
The Board remands the claims for service connection for a neck disorder, hair loss, PTSD, bilateral foot disorder, bilateral arm numbness, and restless body syndrome due to pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the issues of service connection for a bilateral foot disorder, an acquired psychiatric disorder, a skin disorder, and a sleep disorder, as well as an evaluation in excess of 10 percent for cystitis, due to the need for further development.
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