The Veteran's appeal has been withdrawn, and the case is dismissed.
The deciding factor: The appellant withdrew his appeal through his attorney prior to the Board's decision being issued.
- Claimed conditions
- orthopedic disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2012
- Citation
- 1237055
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 1237055.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 SMC P-2 award is restored effective January 31, 2020. The rating decision proposing a reduction in his SMC was found to have made CUE and thus the restoration of his SMC P-2 award is granted.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his failure to provide updated employment information, specifically by submitting a VA Form 21-8940. The evidence showed that he had service-connected disabilities but did not meet the criteria for TDIU as defined in the regulations.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate opinions regarding secondary service connection for OSA. The Veteran's obesity is linked to his service-connected disabilities, but further clarification on whether these conditions caused or aggravated his obesity is needed.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate VA examinations and opinions, specifically regarding whether the Veteran's service-connected orthopedic disabilities and/or MDD are related to his weight gain and obesity, which may be an intermediate step in causing or contributing to his sleep apnea.
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