The Veteran has withdrawn his appeals for the issues of entitlement to a disability rating in excess of 10 percent for TBI; entitlement to disability ratings in excess of 10 percent prior to October 20, 2010, and in excess of 30 percent thereafter, for headaches; and entitlement to a disability rating in excess of 10 percent for limitation of motion and residuals of a fibula fracture of the right ankle.
The deciding factor: The Veteran has withdrawn his appeals through his representative's written statement dated November 18, 2014.
- Claimed conditions
- Traumatic brain injury (TBI), Headaches, Limitation of motion and residuals of a fibula fracture of the right ankle
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2014
- Citation
- 1453103
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 1453103.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
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