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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder to correct a duty to assist error, requiring further examination and review of private treatment records.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error, as it is unclear whether the Veteran's claimed conditions are due to any incident of his period of active service.
- Remanded (sent back)
The Board denied an earlier effective date for the Veteran's award of service-connected compensation for headaches and remanded claims for increased rating, service connection for a thoracolumbar spine disability, right shoulder disability, and acquired psychiatric disorder.
- Denied
The Board denied service connection for various conditions, including herniation and bulging disk L4 through S1, knee pain with osteoarthritis, an acquired psychiatric disorder, cubital tunnel syndrome, carpal tunnel syndrome, and neuropathy. However, the Board granted a 30 percent evaluation for chronic headaches.
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