The Veteran's appeal of claims for service connection for mild superimposed degenerative joint disease at the fact joints, herniated disc, lumbar laminectomy (claimed as lumbar condition due to surgery L4-S1), and a migraine condition is dismissed. The claims for entitlement to service connection for depressive disorder, schizophrenia, and a nervous condition are reopened.
The deciding factor: The Veteran withdrew his appeal of the aforementioned claims prior to the Board's decision being promulgated.
- Claimed conditions
- mild superimposed degenerative joint disease at the fact joints (claimed as cervical injury, recurrent neck pain), herniated disc, lumbar laminectomy (claimed as lumbar condition due to surgery L4-S1), a migraine condition (claimed as headaches), depressive disorder, schizophrenia, a nervous condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2019
- Citation
- 19108687
Veterans Law Judge
Decisions by this judge: 2,329 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19108687.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's vascular headaches are granted effective August 22, 2011. A TDIU is granted effective February 11, 2015. SMC based on housebound criteria is denied prior to July 14, 2020.
- Granted
The Veteran's schizophrenia is rated at 70 percent, indicating significant impairment in work and social functioning.
- Granted
The Board has restored the Veteran's 100% rating for depressive disorder, effective August 1, 2020, as the reduction was improper and did not comply with applicable regulations.
- Remanded (sent back)
The Veteran's claim for service connection for acquired psychiatric disability, including unspecified anxiety disorder, depressive disorder, kleptomania, and PTSD is being remanded due to the AOJ's failure to obtain medical records from his periods of incarceration or a medical opinion regarding his diagnoses.
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