The Veteran's appeal for increased evaluations was withdrawn, and the Board dismissed the claims as there is no longer an active issue regarding the left shoulder mal-union fracture.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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's left elbow disability, characterized by limitation of extension and flexion, is currently rated at 10% under the criteria for minor extremity disabilities. The claim for an increased rating has been granted.
- Denied
The Veteran's disability ratings for residuals of a fracture left elbow and olecranon bursitis have been denied.
- Denied
The Board denied the Veteran's claim for service connection for a left elbow disability, finding that there was no evidence of a current disability related to active service and concluding that any left elbow injury during service did not result in a chronic condition.
- Denied
The Veteran's claims for higher ratings for his left elbow disorder are denied as the evidence does not show that any of the conditions warrant a rating higher than the currently assigned 10 percent evaluations.
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