The Veteran's appeal for a rating in excess of 40 percent for chronic lumbosacral strain with degenerative changes was dismissed due to withdrawal. The claim for TDIU was also dismissed as the Veteran does not meet the schedular criteria and there is no evidence of unemployability based on service-connected disabilities alone.
The deciding factor: The Veteran withdrew his appeal for a higher rating, and the Board found that he did not meet the schedular criteria for TDIU due to his non-service connected obesity and knee issues.
- Claimed conditions
- chronic lumbosacral strain with degenerative changes, lumbar radiculopathy (left), lumbar radiculopathy (right), right ankle strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19127386
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a right ankle strain, finding that the Veteran's current condition is etiologically related to an in-service right ankle sprain.
- Partly granted
The Board granted an initial evaluation of 20 percent for left and right ankle strains, denied a compensable evaluation for bilateral hearing loss, and remanded claims for hypertension and gout.
- Denied
The Board denied the Veteran's claim for a compensable rating for bilateral hearing loss as there was no evidence that it met a compensable level during the period on appeal.
- Denied
The Board denied earlier effective dates for the grant of service connection and initial increased ratings for various conditions, as well as remanded several issues for further development.
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