The Veteran's appeal regarding the proposed decrease of disability ratings for right and left tibial stress fractures has been dismissed due to the appellant withdrawing their appeal.
The deciding factor: The appellant withdrew their appeal prior to the Board promulgating a decision.
- Claimed conditions
- right tibial stress fracture, left tibial stress fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2022
- Citation
- A22021048
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 A22021048.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the Veteran's claims for an initial rating in excess of 10 percent for left tibial stress fracture and for an initial rating in excess of 20 percent for fibromyalgia due to inadequate examinations and overlapping symptoms between the conditions.
- Denied
The Veteran's request for a higher rate of special monthly compensation (SMC) was denied because the evidence did not show loss of use of either hand or foot.
- Granted
The Board granted service connection for right and left tibial stress fractures as secondary to the service-connected PTSD, resolving reasonable doubt in favor of the Veteran.
- Granted
The Veteran's obstructive sleep apnea is caused by his obesity, which in turn is due to his service-connected thoracolumbar spine, degenerative disc and joint disease; residuals of right ACL instability; right hip strain with osteoarthritis; left knee degenerative arthritis; right knee instability; and right tibial stress fracture. The Board has granted the claim for service connection for obstructive sleep apnea as secondary to his service-connected disabilities.
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