The Veteran's appeal has been withdrawn, and the case is dismissed.
The deciding factor: The Veteran withdrew his appeal in writing prior to a decision being made by the Board.
- Claimed conditions
- respiratory disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2010
- Citation
- 1016747
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 1016747.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Dismissed
The appeal for service connection for sleep apnea was dismissed due to untimely filing of the notice of disagreement. The appeals for a respiratory disorder and increased evaluation for low back disability were remanded for further development.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory disorder, heart disorder, diabetes mellitus type II, and hypertension, as well as entitlement to a special monthly pension, due to insufficient evidence regarding in-service exposure to herbicide agents.
- Denied
The Board denied the Veteran's claim for service connection for tinnitus, finding that there was no evidence to support a link between his in-service noise exposure and current tinnitus. The claim for a respiratory disorder was remanded due to duty to assist errors.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.