The Veteran's appeal of the issues related to chronic fatigue syndrome and initial disability ratings for right and left hallux valgus prior to December 15, 2016 has been dismissed. The Board found that the Veteran withdrew his appeal of the issue of service connection for chronic fatigue syndrome.
The deciding factor: The Veteran's attorney requested withdrawal of the appeal related to service connection for chronic fatigue syndrome before a decision was made.
- Claimed conditions
- Chronic Fatigue Syndrome, Right Hallux Valgus, Left Hallux Valgus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175631
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Partly granted
The Veteran was granted service connection for allergic rhinitis, chronic sinusitis, and obstructive sleep apnea, and the initial evaluation for PTSD was increased to 70 percent. Chronic fatigue syndrome was denied.
- Partly granted
The Board denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Denied
The Board denied the claims for service connection for chronic fatigue syndrome, a low back disability, a left knee disability, and a left shoulder disability as there was no evidence to support that these conditions were incurred in or caused by the Veteran's military service.
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