The Board dismissed the appeal for a rating higher than 10 percent for right fourth finger disability due to withdrawal by the Veteran's attorney. The other issues are remanded.
The deciding factor: The Veteran's attorney withdrew the claim for increased rating for right fourth finger disability prior to the promulgation of a decision.
- Claimed conditions
- Right fourth finger fracture, Left patellofemoral pain syndrome, Right patellofemoral pain syndrome, Low back muscle pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2023
- Citation
- 23061370
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 23061370.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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The Veteran's appeal for increased ratings of depressive disorder and erectile dysfunction has been withdrawn by the Veteran.,Service connection for allergic rhinitis is granted, with a finding that it was related to service exposure. The Veteran's TDIU claim is denied due to his ability to secure and follow substantially gainful employment.
- Granted
The Veteran's right knee instability is rated at 20 percent, and separate ratings of 10 percent are granted for symptomatic semilunar cartilage removal and noncompensable limitation of motion. The claim for a TDIU is denied.
- Remanded (sent back)
The Board has granted a rating of 50 percent for migraine headaches, but the right knee patellofemoral pain syndrome issue is remanded due to inadequate examination.
- Remanded (sent back)
The Veteran's right fourth finger fracture is currently rated noncompensably disabling, as the disability does not meet criteria for a compensable rating.,For GERD prior to November 15, 2019, the Veteran was granted an initial noncompensable rating. The Board found no evidence of symptoms warranting a higher evaluation.,Beginning November 15, 2019, the Veteran's GERD is rated as 10 percent disabling. The Board noted that while the Veteran has infrequent episodes of epigastric distress and vomiting, these do not meet criteria for a higher rating.,For migraine headaches prior to November 15, 2019, the Veteran was granted an initial noncompensable rating. The Board found no evidence of prostrating attacks warranting a higher evaluation.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.