The Veteran's appeal for increased ratings and TDIU was dismissed as he withdrew his appeal seeking an initial rating in excess of 10 percent for mechanical low back syndrome with degenerative changes of the lumbosacral spine prior to June 27, 2011 and a rating greater than 40 percent from June 27, 2011.
The deciding factor: The Veteran withdrew his appeal before a decision could be made on these issues.
- Claimed conditions
- mechanical low back syndrome with degenerative changes of the lumbosacral spine, right knee instability, bilateral knee arthritis, bilateral ankle arthritis, sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2012
- Citation
- 1241950
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 1241950.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Denied
The Veteran's claims for effective dates prior to April 17, 2019, for the grants of service connection for right knee instability, right knee tendonitis, and right femur fracture are denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee instability associated with degenerative arthritis is denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee limitation of motion associated with tendonitis with degenerative arthritis is denied.
- Remanded (sent back)
The Board has determined that the July 2024 fee decision is incomplete and does not properly identify the full issue at the center of the present appeal, including the specific amount of past-due benefits awarded and the amount withheld for fees. The case is therefore being remanded to provide a corrected fee decision.
- Denied
The Board has denied the Veteran's claim for service connection for a right lower leg disability (claimed as right shin splints) due to insufficient evidence linking his current condition to his active service. The Board found that the Veteran did not have a current right leg disability and that any symptoms he experienced were related to bilateral knee arthritis, which is not presumed by VA law.
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