The Veteran withdrew his appeal seeking service connection for COPD, and the Board has no further jurisdiction in this matter.
The deciding factor: The appellant expressed intent to withdraw his appeal, and there is no question of fact or law remaining before the Board.
- Claimed conditions
- chronic obstructive pulmonary disorder (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2009
- Citation
- 0910858
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for cervical dysplasia, tension headaches, and chronic obstructive pulmonary disorder (COPD), and denied increased ratings for right elbow flexion, supination and pronation, extension, and scars. The Board also remanded claims for fibromyalgia, chronic fatigue syndrome, and irritable bowel syndrome.
- Remanded (sent back)
The Board remands the claims for service connection for chronic obstructive pulmonary disorder (COPD), emphysema, and left shoulder degenerative arthritis to correct a pre-decisional duty to assist error and to satisfy a regulatory or statutory duty that may aid in substantiating the Veteran's claims.
- Remanded (sent back)
The Board remands the claim for service connection for breathing impairment to include COPD and emphysema, secondary to asbestos exposure, due to a pre-decisional duty to assist error.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending before the Board of Veterans' Appeals.
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