The Board has dismissed all the issues of increased ratings and initial compensable ratings for various foot, knee, and sinus conditions due to the appellant's withdrawal of the appeal.
The deciding factor: The appellant withdrew their appeal prior to the promulgation of a decision.
- Claimed conditions
- degenerative joint disease of the first metatarsophalangeal joint with left foot strain, left knee strain status-post ACL and meniscus repair with residual scar, right foot strain, plantar fasciitis right and left feet (previously rated as right foot strain and degenerative joint disease of the first metatarsophalangeal joint with left foot strain), chronic bilateral front and maxillary sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 18, 2021
- Citation
- 21030408
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21030408.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
- Remanded (sent back)
The Veteran's claims for increased ratings for right foot and ankle disabilities, as well as his claim for TDIU, are being remanded due to a duty to assist error. The VA must obtain an addendum opinion to determine the severity of these conditions without considering the ameliorative effects of medication.
- Granted
The Veteran's left and right foot strains are rated at 20 percent each, effective October 1, 2024. The Board granted the ratings based on moderate severity of symptoms.
- Denied
The Board denied the Veteran's requests for earlier effective dates for service connection and increased ratings, finding no evidence of a factually ascertainable increase in disability within one year prior to his intent to file claims.
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