The Veteran's appeal of the rating for chronic lumbosacral strain with degenerative changes was withdrawn prior to a decision by the Board. The appeals for increased ratings for right wrist disability and for benefits under 38 U.S.C.A. § 1151 were remanded.
The deciding factor: The Veteran withdrew his appeal of the rating for chronic lumbosacral strain with degenerative changes prior to a decision by the Board.
- Claimed conditions
- chronic lumbosacral strain with degenerative changes, residuals of fractured right wrist with degenerative changes and loss of motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 12, 2010
- Citation
- 1030122
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 1030122.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal is being remanded for additional development, including obtaining updated VA examinations and private treatment records. The issues include increased rating for lumbosacral strain with degenerative changes, service connection for bilateral leg disability and migraine headaches, and TDIU.
- Denied
The Board denied reopening of the claim for service connection for chronic lumbosacral strain with degenerative changes and denied entitlement to service connection for bilateral hip pain, finding that there was no evidence linking these conditions to service or a service-connected condition.
- Dismissed
The Veteran's appeal for a rating in excess of 40 percent for chronic lumbosacral strain with degenerative changes was dismissed due to withdrawal. The appeal for TDIU was also dismissed as the Veteran does not meet the schedular criteria and there is no evidence of unemployability based on service-connected disabilities alone.
- Partly granted
The Veteran's claims for increased evaluation and service connection have been remanded.,His claims for reopening of service connection for migraine headaches and bilateral hearing loss were granted.
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