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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 denied earlier effective dates for service connection and granted increased ratings for lumbosacral strain and right ankle disability.
- Partly granted
The Board granted a 10 percent rating for right knee limitation of extension and left knee limitation of extension, but denied ratings in excess of 10 percent for right and left knee chondromalacia patella.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings for various knee and hip conditions, as well as granted a rating of 10 percent from June 16, 2022, for right knee instability.
- Remanded (sent back)
The Board remands the issues of entitlement to increased knee ratings and TDIU for further development, as the previous Board decision did not provide an adequate statement of reasons or bases and failed to ensure VA's duty to assist had been satisfied.
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