The Veteran withdrew his appeal for ratings in excess of 40 percent for thoracolumbar degenerative joint disease (DJD) and 30 percent for cervical spine DJD at the October 2009 hearing, resulting in the dismissal of these matters.
The deciding factor: The Veteran requested to withdraw his appeal seeking ratings in excess of 40 percent for low back DJD and 30 percent for cervical spine DJD.
- Claimed conditions
- thoracolumbar degenerative joint disease (DJD), cervical spine DJD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2009
- Citation
- 0946429
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 0946429.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for an effective date prior to August 5, 2021, for the grant of service connection for sinusitis with rhinitis is granted. The Board has also remanded his claim for a cervical spine disability.
- Granted
The Veteran's rating for thoracolumbar DDD and DJD was reduced from 60% to 40%, effective July 1, 2020. The Board has restored the 40% rating based on evidence showing improvement in his condition.
- Denied
The Board denied the Veteran's claims for service connection for bilateral hearing loss and a rating in excess of 10 percent for intervertebral disc syndrome (IVDS) and thoracolumbar degenerative joint disease (DJD). The Veteran did not have current diagnoses of these conditions, and his claim was based on direct service connection.
- Denied
The Veteran's claims for service connection for bilateral hearing loss and a rating in excess of 10 percent for intervertebral disc syndrome (IVDS) and thoracolumbar degenerative joint disease (DJD) have been denied. The Board found that the Veteran does not meet the criteria for these conditions based on the current evidence of record.
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