The Veteran withdrew his appeals for higher initial ratings for the service-connected 5th phalanges right toe and left knee disabilities during the October 2012 Board hearing.
The deciding factor: The Veteran withdrew his appeals, thus there is no justiciable case or controversy on appeal before the Board with respect to these claims.
- Claimed conditions
- residuals of a fractured, 5th phalanges, right toe, patellar bursitis, left knee, patellar bursitis, right knee, ventral hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2013
- Citation
- 1340850
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 1340850.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.
- Granted
The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his back and associated radiculopathy disabilities, which require assistance with activities such as bathing, dressing, transferring, housekeeping, and meal preparation.
- Remanded (sent back)
The Board has remanded the claims for entitlement to compensable ratings for the service-connected spine and hernia disabilities due to inadequate VA examinations. The Veteran's bilateral hearing loss claim is denied as there is no current disability meeting VA standards.
- Granted
The Veteran's tinnitus and ventral hernia were granted service connection effective October 1, 2022.
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