The Veteran's appeal has been dismissed due to the submission of a request to withdraw his appeals regarding whether new and material evidence had been received to reopen a claim for service connection for residuals of an injury to the back, and entitlement to a TDIU.
The deciding factor: The appellant submitted a signed, written request to withdraw the appeal on these issues before the Board could make a decision.
- Claimed conditions
- residuals of an injury to the back
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2009
- Citation
- 0916838
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 0916838.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the case to provide proper VCAA notice in accordance with Kent v. Nicholson, as the previous notice was found to be insufficient.
- Denied
The Board denied the veteran's request to reopen his claims for service connection for the residuals of injuries to the back, ribs, and right knee due to lack of new and material evidence.
- Denied
The Board found that there is no competent medical evidence linking any current back disability or arthritis of the knees and legs to service. Therefore, the veteran's claims for service connection were denied.
- Denied
The Board denied service connection for residuals of injuries to the cervical spine, back, and left leg due to lack of evidence showing such conditions were incurred in or aggravated by service. The veteran's current diagnoses are attributed to post-service injury.
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