The Veteran's appeal for higher disability ratings and TDIU has been dismissed due to the Veteran's attorney withdrawing the claims before a decision was made.
The deciding factor: The Veteran's attorney withdrew the appeals on behalf of the Veteran in December 2019, effectively ending the appeal process.
- Claimed conditions
- degenerative arthritis of the cervical spine, intervertebral disc syndrome, strain of muscle, fascia and tendon at neck level, osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20007480
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for multiple conditions, including rheumatoid arthritis, right hip degenerative joint disease and rheumatoid arthritis with acetabular cyst status post right total hip replacement, osteoarthritis, psoriatic arthritis, hypertension, prostate cancer, diabetes mellitus type II, fever sores, and a compromised immune system, as the evidence did not support a finding of service connection for any of these conditions.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to June 16, 2014, as the evidence did not show that he was precluded from securing or following substantially gainful employment.
- Remanded (sent back)
The appeal for special monthly pension (SMP) based on the need for regular aid and attendance or housebound status is remanded to ensure that the appellant receives every possible consideration, including a new VA examination.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.