The Veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.
The deciding factor: The appellant requested withdrawal of their appeal before a decision could be made.
- Claimed conditions
- residuals of a left nephrectomy, left nephrectomy scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2009
- Citation
- 0938560
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 0938560.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's appeal for increased ratings for left nephrectomy scar and renal cell carcinoma has been dismissed as the appellant withdrew his request for a hearing.
- Denied
The Board denied the appellant's request for an earlier effective date for the award of service connection for residuals of a left nephrectomy, as neither the Veteran nor the appellant filed a timely challenge to the assigned effective date before his death.
- Remanded (sent back)
The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's lung disability, residuals of a left nephrectomy, and PTSD. The case is therefore REMANDED for further action.
- Remanded (sent back)
The veteran seeks compensation under the provisions of 38 U.S.C.A. § 1151 for incisional weakness, left nephrectomy scar resulting from a July 1997 surgery at a VA facility. The Board finds that further development is needed to determine if this condition constitutes additional disability and whether it was caused by the surgery.
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