The Veteran's appeal for increased evaluations was withdrawn, and the Board dismissed the claims as there is no longer an active issue regarding the left shoulder mal-union fracture. The issues of entitlement to increased evaluations for residuals of a left elbow fracture and back strain with degenerative disc disease were not granted.
The deciding factor: The Veteran withdrew his appeal for the left shoulder mal-union fracture, leaving only the issues of increased evaluations for the left elbow fracture and back strain with degenerative disc disease. The Board dismissed these claims as there was no longer an active issue regarding the left shoulder mal-union fracture.
- Claimed conditions
- Left Shoulder Mal-union Fracture, Left Elbow Fracture, Back Strain with Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2010
- Citation
- 1017970
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 1017970.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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