The Veteran withdrew his appeal for an initial increased disability evaluation for shrapnel wounds of the right buttock. The case is being remanded to determine if he meets criteria for a TDIU based on his service-connected eye disabilities.
The deciding factor: The Veteran withdrew his appeal, leaving only the issue of entitlement to a total rating for compensation purposes based on individual unemployability (TDIU) related to his service-connected eye disabilities.
- Claimed conditions
- pterygium of the right eye, cataracts in both eyes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2009
- Citation
- 0939193
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 0939193.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has expanded the Veteran's PTSD claim to include an acquired psychiatric disorder, including depression and anxiety. The claims for cataracts in both eyes and a lower back disability are remanded due to need for further development.
- Denied
The Veteran's pterygium of the right eye is currently rated at 10 percent, but does not meet criteria for a higher rating due to lack of incapacitating episodes and visual impairment.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for eye disorder and disability manifested by swelling in the lower extremities, to include as secondary to service-connected hypertension due to inadequate medical opinions.
- Denied
The Veteran's service-connected conditions did not prevent him from securing or following substantially gainful employment.
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