The Veteran's claims for increased ratings and effective dates have been dismissed. The rating of 40 percent for chronic lumbar strain with degenerative changes has been granted since May 26, 2016.
The deciding factor: The Veteran’s lumbar spine disability met the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine due to forward flexion of the thoracolumbar spine being less than 30 degrees.
- Claimed conditions
- left lower extremity radiculopathy, right lower extremity radiculopathy, plantar fasciitis of the right foot, plantar fasciitis of the left foot, left ankle disability, right knee instability, left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 10, 2019
- Citation
- 19144249
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
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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.