The Veteran's appeal for a compensable rating for tonsillectomy residuals prior to June 9, 2015 and a rating in excess of 10 percent from that date is dismissed. The appeals for ratings in excess of 20 percent for left and right foot plantar fasciitis are remanded. The appeal for TDIU is also remanded.
The deciding factor: The Veteran requested withdrawal of his appeal seeking a compensable rating for tonsillectomy residuals prior to June 9, 2015 and a rating in excess of 10 percent from that date at the December 2018 videoconference hearing.
- Claimed conditions
- tonsillectomy residuals, left foot plantar fasciitis, right foot plantar fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2019
- Citation
- 19182121
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, type II diabetes, diabetic peripheral neuropathy of both lower extremities, left and right knee disabilities, and left and right foot plantar fasciitis to obtain additional medical evidence.
- Partly granted
The Board denied service connection for upper chest wall pain and right sciatic radicular pain, while remanding claims for secondary service connection involving the feet, legs, and ankles.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
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