The Veteran withdrew his appeals for increased ratings and service connection. The claims for prostate cancer as secondary to prostatitis were also withdrawn, but the Veteran's assertions regarding potential VA negligence in failing to diagnose or treat prostate cancer did not meet the criteria for compensation under 38 U.S.C.A. § 1151.
The deciding factor: The Veteran withdrew his appeals and the claims for prostate cancer as secondary to prostatitis were also withdrawn, leaving no basis for further adjudication.
- Claimed conditions
- adjustment reaction characterized by anxiety and depression associated with prostatitis, low back strain, residuals of a right shoulder injury, hemorrhoids, dermatitis, plantar neuroma of the second web space of the left foot, post operative, spurring of the first carpometacarpal joint of the right thumb
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2010
- Citation
- 1005789
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 1005789.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Remanded (sent back)
The Board remands the claim for service connection for hemorrhoids due to a pre-decisional duty to assist error, requiring an additional direct medical opinion.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Granted
The Board granted a 10 percent rating for hemorrhoids, which fully satisfies the Veteran's appeal.
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