The Veteran has withdrawn his appeals for all issues, including the ratings for elevated right hemidiaphragm, cervical spine degenerative disc disease, lumbar spine disability, and neurological deficit of the sciatic nerve of the right lower extremity.
The deciding factor: The Veteran requested withdrawal of all appeal issues prior to the promulgation of a decision.
- Claimed conditions
- elevated right hemidiaphragm, degenerative disc disease of the cervical spine, lumbar spine disability (osteoarthritis of the lumbar spine with degenerative disc disease and compression fracture at L5), neurological deficit of the sciatic nerve of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2013
- Citation
- 1313438
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 1313438.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment since June 30, 2018. The Board has granted a TDIU effective July 1, 2018.
- Remanded (sent back)
The Veteran's claims for increased ratings for right foot plantar fasciitis, cervical spine degenerative disc disease, and left ankle fracture residuals are being remanded due to the need to obtain Social Security Administration (SSA) records.
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