The Veteran's appeals for earlier effective dates for service connection have been dismissed as the claims are legally insufficient due to withdrawal of appeal and finality of previous decisions.
The deciding factor: The Veteran withdrew his appeal prior to certification to the Board, making the original effective date final. The freestanding claim for an earlier effective date is not valid under law.
- Claimed conditions
- right elbow cubital tunnel syndrome, status post fracture dislocation of the right elbow with degenerative joint disease, status post fracture of the right wrist
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 25, 2014
- Citation
- 1437708
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 1437708.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for tinnitus, resolving doubt in the Veteran's favor. The other claims are remanded due to a duty to assist error.
- Denied
The Veteran's claims for increased ratings for left and right elbow cubital tunnel syndrome, as well as left and right shoulder rotator cuff tendonitis, were denied due to his failure to report for scheduled VA examinations without providing good cause.
- Dismissed
The veteran's appeals for service connection of right wrist carpal tunnel syndrome and right elbow cubital tunnel syndrome were dismissed because the veteran requested to withdraw these claims.
- Remanded (sent back)
The Board has granted a TDIU effective January 10, 2019. However, the claim for TDIU prior to that date is remanded due to lack of schedular requirements.
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.