The Veteran's appeal has been dismissed as she withdrew her appeal for a compensable evaluation for left ankle osteoarthritis, status post posterior malleolus fracture, and distal fibula shaft fracture prior to June 23, 2007.
The deciding factor: The Veteran withdrew her appeal of the issue during the hearing on April 29, 2009.
- Claimed conditions
- left ankle osteoarthritis, posterior malleolus fracture, distal fibula shaft fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2009
- Citation
- 0916355
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 0916355.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has granted service connection for a left 5th metatarsal fracture, as well as secondary service connection for left foot and ankle osteoarthritis to the same condition. The decision is based on evidence that supports these claims.
- Granted
The Board has granted service connection for left ankle osteoarthritis, right ankle osteoarthritis, and right foot metatarsalgia.,Service connection is established based on direct evidence of the conditions in question.
- Remanded (sent back)
The Veteran's claims for SMC based on the need for aid and attendance of another, as well as initial disability ratings for his left ankle osteoarthritis and right lower extremity radiculitis, are being remanded due to deficiencies in VA examinations and duty-to-assist errors.
- Denied
The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment, thus his claim for TDIU on an extraschedular basis is denied.
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