The Veteran's appeals were dismissed as he withdrew his appeal of the July 2012 rating decision, and there was no timely notice of disagreement filed with the July 2012 rating decision.
The deciding factor: The Veteran withdrew his appeal prior to the promulgation of a decision by the Board. The July 2012 rating decision denied service connection for traumatic brain injury, depression, penile deformity with erectile dysfunction, and ratings for right knee strain and left knee strain. No timely notice of disagreement was filed within one year of the decision.
- Claimed conditions
- low back disability, traumatic brain injury, depression, penile deformity with erectile dysfunction, right knee strain, left knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106834
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
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