The Veteran's appeal for an increased rating for his degenerative disc disease (DDD) of the lumbar spine has been dismissed as he withdrew his appeal through his authorized representative.
The deciding factor: The appellant requested withdrawal of the appeal due to a recent increase in his disability rating to 40 percent and satisfaction with the decision.
- Claimed conditions
- Degenerative disc disease (DDD), lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 8, 2015
- Citation
- 1538212
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 1538212.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for higher initial ratings for his low back and left foot disabilities are being remanded due to the need for new VA examinations, as well as consideration of recently amended rating criteria.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinions regarding informed consent and causation of the Veteran's lumbar spine disability. The claims for compensation under 38 U.S.C. § 1151, TDIU, and SMC are also being remanded.
- Denied
The Board has determined that the Veteran's current diagnoses of degenerative arthrosis, right hand disability, DDD, lumbar spine, and tinnitus did not have their onset in service or within a year of separation. The preponderance of evidence is against finding any direct relationship between these conditions and active military service.
- Partly granted
The Veteran's claim for a higher rating for his lumbar spine disability was granted for the period from September 6, 2016 to November 4, 2019. The appeal is denied for any rating in excess of 40 percent.
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