The Board has decided the issue of an initial rating higher than 40 percent for lumbosacral DDD from January 1, 2011 in March 2016 and dismissed the appeal as it is already decided.
The deciding factor: The issue was previously decided by the Board in March 2016 and has been remanded multiple times. The current appeal is for a new SSOC issued after the previous decision, but the issue remains decided.
- Claimed conditions
- lumbosacral degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2018
- Citation
- 18153959
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 18153959.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board found the reduction in disability evaluation from 40% to 20% was improper and void ab initio due to inadequate examination for reduction.
- Granted
The Board has granted the Veteran's claim of service connection for lumbosacral degenerative disc disease and spondylosis, finding that his current disabilities are related to his active duty service.
- Denied
The Veteran's lumbosacral degenerative disc disease is rated at 20 percent, and his PTSD with depressive disorder and alcohol use disorder is rated at 70 percent. The Veteran also received a TDIU effective April 11, 2023, and SMC based on housebound status effective the same date.
- Partly granted
The Board denied an initial disability rating in excess of 20 percent for service-connected lumbosacral degenerative disc disease and granted a separate 10 percent disability rating for right lower extremity radiculopathy associated with the same condition.
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