The veteran withdrew the appeals for increased ratings of his right shoulder and lower back conditions, resulting in their dismissal.
The deciding factor: The appeal was withdrawn by the appellant prior to the promulgation of a decision, as per 38 U.S.C. § 7105 and 38 C.F.R. § 20.204.
- Claimed conditions
- mild right shoulder bicipital tendinitis, degenerative joint disease (DJD), partial herniated disc, L5-S1, DJD, myofascial syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2025
- Citation
- A25030521
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Veteran was granted an initial disability rating of 40 percent for lumbosacral strain, DJD, from December 17, 1997 to June 3, 2022, and the effective date for service connection for bilateral lower extremity radiculopathy was also set at December 17, 1997. However, a higher rating or TDIU was denied.
- Granted
The Veteran's service-connected PTSD renders him in need of regular aid and attendance, warranting special monthly compensation based on aid and attendance.
- Remanded (sent back)
The claim for service connection for a left knee condition (to include patellofemoral syndrome and DJD) is remanded for readjudication, as new and relevant evidence has been received sufficient to reopen the claim.
- Partly granted
The Board granted readjudication of the service connection claim for a thoracolumbar spine disorder, but remanded the claims for radiculopathy.
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