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
Veterans Law Judge
Decisions by this judge: 2,035 · Granted: 30% (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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Veteran's lower back disability and radiculopathy were rated at 40 percent, but the Board found no evidence of ankylosis or incapacitating episodes warranting a higher rating.
- Granted
The Veteran's TDIU and DEA benefits are granted effective from April 8, 2010. The Board found that the Veteran was unable to work due to his lumbar myositis starting in April 2010.
- Remanded (sent back)
The Veteran's claims for higher ratings for lumbar myositis and service connection for bilateral lower extremity peripheral neuropathy are being remanded due to pre-decisional duty to assist errors. The Board will obtain new examinations and opinions to address the severity of his lumbar disability and the etiology of his bilateral lower extremity peripheral neuropathy.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.