The Board has dismissed the appeal due to the appellant's withdrawal of his appeal regarding any remaining issues that had been remanded to the Originating Agency.
The deciding factor: The Veteran withdrew his appeal for all remaining issues, including service connection for throat cancer and entitlement to a higher disability rating for the right ankle disability (right ankle shell fragment wound) and TDIU.
- Claimed conditions
- throat cancer, right ankle shell fragment wound with retained foreign body
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 29, 2013
- Citation
- 1310492
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 1310492.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appellant's request for direct payment of attorney fees based on past-due benefits awarded in an April 2025 rating decision, as the decision was not a result of a valid appeal and did not award any past-due benefits.
- Denied
The Veteran's claim for service connection for lung cancer is denied. The claim for throat cancer is granted, and the Veteran is awarded a TDIU rating prior to August 10, 2022.
- Denied
The Board has denied the Veteran's claim for service connection for tonsillar cancer (claimed as throat and respiratory cancer) due to a lack of evidence showing that his condition began during active service or is related to an in-service injury or disease, including presumed exposure to herbicide agents and contaminated water at Camp Lejeune.
- Dismissed
The Veteran's appeal for throat cancer service connection was dismissed due to their death during the appeal process.
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