The Board has dismissed the Veteran's legacy appeals for service connection for left foot fungus, left foot hammertoe, and TDIU as they were inadvertently re-docketed under the legacy system. The Veteran withdrew his appeal by opting into the modernized appeals process (AMA).
The deciding factor: The Veteran's opt-in to AMA was timely filed, effectively withdrawing his legacy appeal.
- Claimed conditions
- left foot fungus, left foot hammertoe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2022
- Citation
- 22064723
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 22064723.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeals for service connection of various foot and shoulder conditions have been dismissed due to the Veteran's death.
- Granted
The Board granted service connection for the veteran's right ankle condition as secondary to other service-connected conditions.
- Remanded (sent back)
The Veteran's claim for service connection for a left knee condition, secondary to multiple service-connected disabilities including right foot heel spur, right foot post bunionectomy, right foot hammertoe, left foot heel spur, left great toe post bunionectomy with hallux valgus and degenerative joint disease, left foot hammertoe, right hip bursitis, and left hip trochanteric bursitis is being remanded due to a duty to assist error.
- Remanded (sent back)
The Board has remanded the claims due to additional evidence being submitted after the January 2020 Statement of the Case. The AOJ must review this new evidence and issue a Supplemental Statement of the Case (SSOC).
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