The Veteran's appeal for compensation under the provisions of 38 U.S.C.A. § 1151 for right leg length discrepancy has been dismissed as he withdrew his appeal.
The deciding factor: The appellant requested withdrawal of the appeal due to a surgery not performed at a VA facility or by a VA doctor.
- Claimed conditions
- Right Leg Length Discrepancy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2010
- Citation
- 1040557
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 1040557.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 compensation under 38 U.S.C. § 1151 for the Veteran's right hip and leg disabilities, finding that no additional disability was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar fault on part of VA.
- Granted
The Veteran's right knee condition, including ankylosis and leg length discrepancy, is granted with a specific rating. Right knee instability is granted at 10% from July 26, 2018, to March 13, 2020, but denied for other periods.
- Dismissed
The Board dismissed the appeals regarding ratings for right and left knee disabilities, as well as service connection claims for right hip and leg length discrepancies due to the Veteran's death.
- Granted
The Veteran's right leg disability, nerve pain in the hip, leg and foot, and lumbar spine disability are granted as secondary to his service-connected right knee arthritis and total knee replacement.
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