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 appeal 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 claim for a rating in excess of 40 percent for chronic lumbosacral strain with degenerative changes, and the Board did not have jurisdiction to review the appeal. The Veteran does not meet the schedular criteria for TDIU as he has no single service-connected disability rated at least 60% disabling or combined ratings that reach 70%. There is also insufficient evidence of unemployability based on service-connected disabilities alone.
- 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
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claims for service connection for right ankle strain and right foot condition, finding no current disability related to service.
- Remanded (sent back)
The Board has remanded several service connection claims due to the need for additional medical records and examinations.,Service connection is denied for tinnitus.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings and initial compensable ratings for his bilateral hip/thigh and right ankle conditions require additional medical examination to determine their current severity.
- Remanded (sent back)
The Board is remanding the cases due to an incomplete record and a need for additional information regarding applications filed prior to March 9, 2020.
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