The appellant withdrew his appeals for increased ratings of 20 percent for the residuals of a left elbow fracture and 30 percent for the residuals of a puncture wound to the right leg, effectively dismissing these claims.
The deciding factor: The appellant submitted a VA Form 21-4138 stating he was satisfied with all assigned disability ratings and wished to withdraw his appeals.
- Claimed conditions
- left elbow fracture, puncture wound to the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2012
- Citation
- 1239601
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 1239601.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 plantar fasciitis is rated at 30 percent effective July 24, 2024. The Veteran's residuals of a left elbow fracture are not entitled to an increased disability rating.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for left elbow limitation of extension and painful supination due to a duty to assist error in prior examinations.
- Granted
The Veteran's claim of service connection for a right eye disability, including corneal abrasions, is granted. The claims for left elbow disability and tinea pedis are denied.
- Dismissed
The claims of service connection for left hip fracture, left femur shaft fracture, left tibial plateau fracture, and left elbow fracture are dismissed as the Veteran did not properly initiate an appeal.,The claim of service connection for brain disease due to trauma (postconcussion syndrome with tinnitus, headaches, and history of ear injury) is dismissed because it was related to willful misconduct.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.