The veteran withdrew her appeal for an initial disability rating in excess of 10 percent prior to May 16, 2003; in excess of 20 percent for the period May 16, 2003 to October 25, 2006; and in excess of 40 percent on and after October 26, 2006, for lumbar myositis.
The deciding factor: The veteran withdrew her appeal in writing prior to the promulgation of a decision by the Board of Veterans' Appeals.
- Claimed conditions
- lumbar myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2009
- Citation
- 0901223
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 an earlier effective date of May 14, 2010, for the assignment of a 40 percent disability rating for lumbar myositis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to deficiencies in a previous VA examination and remand directives. The issues include increased ratings for lumbar myositis, radiculopathy of the left lower extremity, and right lower extremity associated with lumbar myositis; discogenic disease, lumbar spine, as well as TDIU and service connection for an acquired psychiatric disability.
- Granted
The Board has determined that the Veteran's current back disability is related to service, and thus granted his claim for service connection.
- Denied
The Board denied a disability rating in excess of 40 percent for lumbar myositis with degenerative joint disease, as the evidence did not show unfavorable ankylosis or incapacitating episodes.
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