The Veteran's appeal for an increased rating greater than 20 percent for his service-connected herniated disc is dismissed because he withdrew the appeal.
The deciding factor: The Veteran expressed a desire to withdraw from appellate review of his appeal for an evaluation of herniated disc, currently rated at 20 percent.
- Claimed conditions
- herniated disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2019
- Citation
- 19127902
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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, herniated disc, and lumbar radiculopathy as secondary to the Veteran's service-connected bilateral foot hammer toes with callousing and hallux valgus.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Remanded (sent back)
The Board remands the claims for service connection for cervical radiculopathy, herniated disc, and spinal stenosis to obtain VA examinations to determine their nature and etiologies.
- Remanded (sent back)
The Board remands the claims for service connection for back pain, chronic sciatica pain, herniated disc, and scoliosis due to a pre-decisional duty to assist error.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.