The Veteran's claims for increased evaluations of osteoporosis of the lumbar spine and left hip have been dismissed as he has acknowledged that a separate 20 percent evaluation was granted for osteoporosis of the lumbar spine effective June 2, 2008.
The deciding factor: The Veteran indicated in his September 2008 VA Form 9 that he was content with the 20 percent evaluation assigned for osteoporosis of the lumbar spine effective June 2, 2008. This withdrawal of appeal is considered a dismissal of the claims.
- Claimed conditions
- Osteoporosis of the lumbar spine, Osteoporosis of the left hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 13, 2010
- Citation
- 1017705
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 1017705.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's osteoporosis of the lumbar spine is currently rated at 20 percent prior to January 27, 2022. The claim for a higher rating remains on appeal.,The Veteran's degenerative arthritis of the lumbar spine is currently rated at 40 percent from January 27, 2022. The claim for a higher rating remains on appeal.
- Granted
The Veteran's service-connected disabilities, including pulmonary sarcoidosis, left lower extremity peripheral neuropathy, Cushing's Syndrome, osteoporosis of the lumbar spine, and duodenal ulcer, preclude him from obtaining or maintaining substantially gainful employment.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining updated VA treatment records and requesting an addendum opinion from a qualified physician to address the Veteran's lay assertions regarding abnormal gait caused by his service-connected left knee disability.
- Granted
The Veteran's stress fractures of the legs and hypercalciuria have been rated as noncompensably disabling, with a 10 percent evaluation for each leg fracture.
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