The Veteran's appeals for increased ratings and entitlement to a total disability rating based on individual unemployability (TDIU) have been dismissed due to the Veteran's attorney withdrawing from representing him in all claims before VA.
The deciding factor: The Veteran's attorney withdrew from representing the Veteran, thus meeting the criteria for withdrawal of the appeal.
- Claimed conditions
- cervical spine degenerative arthritis, neurological involvement of the right upper extremity, neurological involvement of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2022
- Citation
- 22064359
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 22064359.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted service connection for a temporomandibular joint disorder, sleep disorder (claimed as obstructive sleep apnea), lumbar spine strain, and cervical spine degenerative arthritis, all secondary to the Veteran's service-connected post-traumatic stress disorder. The claim for traumatic brain injury was denied.
- Denied
The appeal to readjudicate the claim of service connection for cervical spine degenerative arthritis was denied due to a lack of new and relevant evidence.
- Granted
The Board granted service connection for atopic dermatitis, degenerative arthritis of the thoracolumbar spine and dextroscoliosis, and cervical spine degenerative arthritis.
- Denied
The Board denied service connection for migraine headaches and variants, finding no evidence of a direct link to service or aggravation by the Veteran's service-connected PTSD. The claim for cervical spine degenerative arthritis was remanded for readjudication based on new evidence linking obesity as an intermediate step.
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