The Veteran has withdrawn his appeals for the initial increased ratings for low back strain with osteoarthritis and degenerative disc disease, rated as 20 percent disabling from October 22, 2004 to December 26, 2006, and as 40 percent disabling since December 27, 2006; and for radiculopathy with peripheral neuropathy of the right lower extremity, rated as 10 percent disabling from October 22, 2004 to May 19, 2008, as 20 percent disabling from May 20, 2008 to July 7, 2011, and as 40 percent disabling since July 8, 2011.
The deciding factor: The Veteran has withdrawn his appeals for the issues in question.
- Claimed conditions
- Low back strain with osteoarthritis and degenerative disc disease, Radiculopathy with peripheral neuropathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2012
- Citation
- 1240436
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 1240436.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 initial rating for low back disability was granted at 20 percent from February 14, 2000 through August 18, 2005. From August 19, 2005, the Veteran is rated at 40 percent for his service-connected lumbar spine disability.
- 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 Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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