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
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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
- Granted
The Board has granted service connection for bilateral foot disorder, right shoulder disorder, and left shoulder disorder.,Service connection is also granted for these conditions based on direct evidence of a nexus to service.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of a VA examination, and therefore, the claim for service connection for a bilateral foot disorder is being returned to the AOJ for further action.
- Dismissed
The appeal for service connection of a bilateral foot disorder is dismissed. The appeals for service connection of OSA, cervical spine disorder, left shoulder disorder, right shoulder disorder, left elbow disorder, right elbow disorder, right hip disorder, left hip disorder, and right ankle disorder are remanded.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.