The Veteran's claims for increased ratings and a TDIU have been dismissed as the Veteran withdrew his appeals. The Board granted a TDIU on an extraschedular basis for the period from September 1, 1992 to January 1, 2001.
The deciding factor: The claim was withdrawn by the Veteran's attorney and the Board did not have jurisdiction to review these claims as they were dismissed.
- Claimed conditions
- Right rotator cuff tear, Cervical spine injury, Thoracic spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2018
- Citation
- 18130844
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 18130844.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 right shoulder disability is currently rated at 20% under the old rating criteria. The Board has determined that a remand is necessary to obtain an updated VA examination and determine the current severity of the service-connected condition without considering any ameliorative effects of medication.
- Remanded (sent back)
The Board has found that new and relevant evidence was submitted to readjudicate the cervical spine injury claim, but the issue of service connection for bilateral hearing loss is granted. The cervical spine injury claim is remanded due to a lack of a VA examination.
- Denied
The Veteran's right shoulder disability, specifically his right rotator cuff tear, is rated at 30 percent since December 2013. The Board found that the evidence does not show a limitation of motion to 25 degrees from side during any part of the appeal period.
- Remanded (sent back)
The Board has denied service connection for memory loss disability, cervical spine disability, and thoracic spine disability. The case is remanded to obtain medical opinions regarding the relationship between these disabilities and service or any related conditions.
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