The Board dismissed the appeal for an evaluation greater than 40 percent for degenerative disc disease and facet osteoarthritis status post lumbar laminectomy due to the Veteran's withdrawal of her appeal. The remaining issues are remanded.
The deciding factor: The Veteran withdrew her appeal for a higher rating on her service-connected degenerative disc disease and facet osteoarthritis status post lumbar laminectomy, resulting in the dismissal of that issue.
- Claimed conditions
- Degenerative disc disease and facet osteoarthritis status post lumbar laminectomy, Osteoarthritis of the left knee, Left knee instability, Total left knee replacement, Right hip bursitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2018
- Citation
- 18128648
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 18128648.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's appeal for increased ratings for right hip bursitis and tinnitus was denied. The Veteran's right hip disability is currently rated as 10% disabling under DC 5252, with noncompensable ratings under DCs 5251 and 5253. Service connection for tinnitus has been established.
- Granted
The Board has granted effective dates of June 17, 2010 for service connection and separate ratings for right knee instability and left knee instability.
- Granted
The Veteran's service-connected disabilities, including bilateral hearing loss, total right and left knee replacements, tinnitus, degenerative disc disease with spinal fusion complications, painful middle back scar, and scars of the knees, have prevented him from securing and following a substantially gainful occupation. A TDIU is granted.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection are not properly before it due to procedural errors and remanded for further development, including obtaining VA treatment records and scheduling a VA examination.
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