The appeal for a rating in excess of 40 percent for residuals, right patella fracture, with degenerative change and instability was dismissed due to an impermissible concurrent election.
The deciding factor: The decision was based on the impermissible concurrent election of review options by the Veteran.
- Claimed conditions
- residuals, right patella fracture, with degenerative change and instability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2025
- Citation
- A25030437
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claim for service connection for prostate cancer and residuals, finding that there was no evidence to support a causal relationship between his in-service prostatitis and his later diagnosis of prostate cancer.
- Denied
The Board denied service connection for kidney cancer and residuals as the evidence did not support a causal relationship between the Veteran's in-service toxic risk exposure and his current condition.
- Granted
The veteran's kidney disease, including cancer and residuals, is service-connected as secondary to their diabetes.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.