The Veteran's appeal for restoration of a 40 percent rating for lumbosacral strain and higher initial ratings for unspecified depressive disorder (previously characterized as adjustment disorder with mixed anxiety and depressed mood) has been dismissed due to the withdrawal request by the Veteran’s attorney.
The deciding factor: The Veteran requested withdrawal of his appeals for these issues, which was granted by the Board.
- Claimed conditions
- lumbosacral strain, unspecified depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 22, 2019
- Citation
- 19105014
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Granted
The Board granted a 70 percent rating for the Veteran's unspecified depressive disorder, finding that her symptoms more closely approximated those required for such a rating.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.