The veteran withdrew his appeal for service connection for a respiratory disorder and entitlement to a TDIU rating, thus these claims are dismissed.
The deciding factor: The Veteran submitted a signed notice clearly withdrawing the appeals, meeting the criteria for withdrawal of an appeal under 38 C.F.R. § 20.204.
- Claimed conditions
- respiratory disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000120
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory disorder, heart disorder, diabetes mellitus type II, and hypertension, as well as entitlement to a special monthly pension, due to insufficient evidence regarding in-service exposure to herbicide agents.
- Dismissed
The Board dismissed the Veteran's motion for revision based on clear and unmistakable error (CUE) in an April 2022 rating decision, as it was not properly raised with the AOJ first.
- Partly granted
The Board granted service connection for right lower extremity radiculopathy and panic disorder, but denied service connection for chronic fatigue syndrome (CFS) and a respiratory disorder.
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