The Veteran's appeal for initial compensable evaluation and increased evaluations were withdrawn prior to the Board's decision. The case is dismissed.
The deciding factor: The Veteran withdrew his appeals, thus no further action was taken on these issues.
- Claimed conditions
- Traumatic degenerative joint disease, residuals of a fracture of the left ulna and elbow, Asthma, Low back strain and degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 7, 2010
- Citation
- 1013121
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 1013121.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Partly granted
The Board granted a 40 percent disability rating for bladder cancer in remission with urinary incontinence and denied an increased disability rating in excess of 30 percent for asthma.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Denied
The Board denied the veteran's claims for increased ratings for asthma and unspecified anxiety disorder, finding that the evidence did not support a higher rating.
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