The Veteran's appeal for an increased rating for his lumbar strain with degenerative joint disease has been withdrawn and is dismissed as the Veteran's representative notified VA that he was satisfied with his current rating.
The deciding factor: The Veteran withdrew his appeal through his representative, indicating satisfaction with his current disability rating.
- Claimed conditions
- lumbar strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 18, 2019
- Citation
- 19130431
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for lumbar strain with degenerative joint disease and denied a compensable evaluation for bilateral hydroceles. The claims for left knee strain and instability, as well as obstructive sleep apnea, were remanded for further readjudication.
- Remanded (sent back)
The Board has determined that additional medical examination and review of the evidence, including the November 2018 MRI report and December 2018 EMG results, are necessary before a final decision can be made on the Veteran's claims for increased disability ratings.
- Remanded (sent back)
The Veteran's claims for increased ratings for lumbar strain with degenerative joint disease and left lower extremity radiculopathy are being remanded due to the submission of additional VA treatment records and contract examinations after the issuance of the August 2015 Statement of the Case.
- Granted
The Veteran's migraines and vertigo are granted as service-connected.,The effective dates for the grants of service connection for left lower extremity radiculopathy, right lower extremity radiculopathy, and lumbar strain with degenerative joint disease have been denied.,Service connection is granted for a left shoulder disorder, right shoulder disorder, left knee disorder, and right knee disorder due to burn pit exposure.,The Veteran's hypertension, anxiety, and depression are remanded for further development.
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