The Veteran's appeal for a rating in excess of 40 percent for his back disability as of January 18, 2016 is dismissed. The Veteran's claim for an initial rating of 40 percent for the service-connected back disability is granted. The Veteran's claim for a rating in excess of 10 percent for his left knee disability is remanded.
The deciding factor: The Veteran withdrew his appeal regarding the issue of entitlement to a rating in excess of 40 percent for his back disability as of January 18, 2016. The Board granted an initial rating of 40 percent for the service-connected back disability effective October 4, 2012.
- Claimed conditions
- thoracic spine, subscapularis muscle sprain with lumbar sacral strain (back disability), left knee chondromalacia patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 25, 2019
- Citation
- 19149319
Veterans Law Judge
Decisions by this judge: 882 · Granted: 17% (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 19149319.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for special monthly compensation (SMC) based on statutory housebound status due to her service-connected conditions and additional nonservice-connected disabilities, finding that she did not meet the criteria for SMC.
- Dismissed
The Veteran's appeal has been dismissed as her eligibility for VA health care benefits and enrollment in a Priority Group higher than Priority Group 8 has already been granted due to the combined disability rating of 50 percent.
- Denied
The Veteran's left knee chondromalacia patella is rated at 10 percent, which does not meet the criteria for a higher rating. The Board found that the condition did not warrant a compensable rating under Diagnostic Codes 5260 and 5261, as his range of motion was within normal limits with some pain but no instability.
- Dismissed
The Veteran withdrew his appeal, and the Board dismissed it.
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