The Veteran's appeal has been dismissed as he withdrew his appeals for the lumbar spine, HIV/AIDS, and cervical spine conditions. His hypertension and sleep disorder service connection claims have also been dismissed.
The deciding factor: The Veteran requested to withdraw his appeals prior to the Board making a decision.
- Claimed conditions
- degenerative changes of the lumbar spine, HIV/AIDS, degenerative changes of the cervical spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2009
- Citation
- 0916949
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 0916949.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for service connection for left lower extremity radiculopathy, which is secondary to her degenerative changes of the lumbar spine, has been remanded due to a duty-to-assist error. The Board found that VA did not obtain private medical records from Hiro Chiropractic and Springfield Family Physicians, who treated the Veteran during the period on appeal.
- Granted
The Veteran's claims for service connection have been granted, with the exception of gastrointestinal disability other than umbilical hernia (including irritable bowel syndrome) and back disability. The Board found new evidence relevant to these claims.
- Dismissed
The appeal has been dismissed due to the Veteran's death. The claims for service connection on all listed conditions are not before the Board.
- Granted
The Board granted service connection for sleep apnea, right wrist sprain, left wrist disability manifested by pain, left foot arthritis, right foot arthritis and hallux valgus, headaches, attention deficit hyperactivity disorder, degenerative changes of the cervical spine, right lateral epicondylitis (claimed as right arm disability), and left upper extremity cervical radiculopathy (claimed as left arm disability and left elbow disability).
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