The Veteran's service-connected disabilities are of a permanent and total nature, and the Board has dismissed his claims for increased ratings as he withdrew them at his hearing.
The deciding factor: The Veteran indicated that he was not pursuing increased ratings for his service-connected conditions and requested instead that his current disability ratings be evaluated as permanent and total.
- Claimed conditions
- radiculopathy in the lower extremities, fibromyalgia, pes planus, migraines, acquired psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 6, 2020
- Citation
- 20000520
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for fibromyalgia and Gulf War unexplained chronic multi-symptom illness, bronchus, as well as an extension of the temporary 100 percent disability evaluation.
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