The Veteran withdrew his appeals for increased ratings in all four issues related to cervical spine, thoracolumbar spine, right elbow, and left knee conditions. As a result, the Board dismissed the appeal.
The deciding factor: The Veteran requested to withdraw his appeals as of May 13, 2019.
- Claimed conditions
- Degenerative disc disease (DDD) and osteoarthritis of the cervical spine, Osteoarthritis of the thoracolumbar spine, Right elbow bone spur with soft tissue irritation of the tendon and nerve, Degenerative joint disease (DJD) of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19178630
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for a total disability rating based on individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits prior to October 26, 2018, as they are inextricably intertwined with an extraschedular TDIU claim.
- Granted
The Board granted a 20 percent rating for left knee limitation of motion, associated with degenerative joint disease (DJD) of the left knee.
- Partly granted
The veteran was granted increased ratings for his left and right knee disabilities, as well as separate ratings for instability of both knees, effective February 15, 2021. The veteran's TDIU claim from September 25, 2014, to February 12, 2021, was granted.
- Remanded (sent back)
The Board has denied the Veteran's claim for service connection for right ear hearing loss due to a lack of evidence showing current disability. The claims for higher ratings for knee disabilities and for service connection for an acquired psychiatric disability are remanded as there is insufficient examination documentation.
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