The veteran withdrew his appeal for an initial disability rating in excess of 20 percent, currently evaluated at 40 percent, for degenerative joint disease of the lumbar spine with osteophyte formation at several levels; herniated disc at L3-L4; bulging discs at L4-L5 and L5-S1 with narrowing of neural foramina more severe on the left and lumbar myositis.
The deciding factor: The veteran expressed satisfaction with the 40 percent rating assigned to his service-connected back disability, thereby withdrawing his appeal for a higher initial rating.
- Claimed conditions
- degenerative joint disease of the lumbar spine with osteophyte formation at several levels; herniated disc at L3-L4; bulging discs at L4-L5 and L5-S1 with narrowing of neural foramina more severe on the left and lumbar myositis, skin disorder, acquired psychiatric disorder, eye disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2008
- Citation
- 0814534
Veterans Law Judge
Decisions by this judge: 251 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0814534.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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