The veteran's appeal for increased ratings on his cervical spine and left shoulder disabilities has been withdrawn. The initial rating of 20 percent for each condition remains in effect.
The deciding factor: The veteran withdrew his appeal regarding the issue of a higher rating for herniated nucleus pulposus, L4-5, with low back strain prior to the Board's decision.
- Claimed conditions
- herniated nucleus pulposus, L4-5, with low back strain, cervical spine degenerative joint disease (DJD), left shoulder DJD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2006
- Citation
- 0604435
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for multiple degenerative joint diseases of the right and left wrist, knee, shoulder, elbow, and hip, including as secondary to a lumbar spine disability.
- Partly granted
The Board granted initial ratings for cervical spine DJD, right and left upper extremity radiculopathy, lumbar DJD, and right lower extremity radiculopathy, but denied higher ratings for right hip limitation of flexion and extension.
- Denied
The Board denied increased disability ratings for the Veteran's right and left foot disabilities, migraine headaches, cervical spine degenerative joint disease, and posttraumatic stress disorder at any point during the appeal period.
- Remanded (sent back)
The Board remanded all issues for further development and examination. The Veteran's claims involve various ratings for service-connected disabilities related to the lumbar spine, lower extremities, and knees.
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