The appeals seeking earlier effective dates for the grants of service connection for left foot hallux valgus, right foot hallux valgus, and plantar fasciitis with pes planus have been dismissed.,The appeals seeking service connection for migraine headaches, total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, and non-service-connected pension are remanded.
The deciding factor: The Veteran explicitly requested the withdrawal of these issues during his hearing. The Board found that the verbal withdrawal was effective.,Further development is needed as there is no recent VA examination for the foot conditions and a new VA examination is necessary to assess the current severity of the service-connected disabilities.
- Claimed conditions
- left foot hallux valgus, right foot hallux valgus, plantar fasciitis with pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 7, 2023
- Citation
- 23049124
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 23049124.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the merits as they have no jurisdiction.
- Dismissed
The Veteran withdrew all appeals regarding his service-connected conditions and related disability ratings, effective as of March 16, 2026.
- Remanded (sent back)
The Board has remanded the case due to errors in considering all conditions and a need for an addendum opinion regarding the relationship between the Veteran's current right great toe / foot disability and his claimed frostbite injury.
- Dismissed
The Board dismissed all appeals for service connection and increased rating claims due to untimely Notice of Disagreement submissions.
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