The Board dismissed the appeal for a compensable initial disability rating for back scars and granted an initial disability rating of 40 percent for the lumbar spine disability.
The deciding factor: The Veteran's lumbar spine disability manifested with limitation of forward flexion to 30 degrees, which is sufficient to warrant a 40 percent disability rating under DC 5237. The appeal was dismissed as the Veteran withdrew his appeal for back scars prior to decision.
- Claimed conditions
- Back Scars, Lumbar Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 29, 2019
- Citation
- 19158506
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 19158506.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Denied
The Veteran's lumbar spine disability is rated at 40 percent, and his left and right foot disabilities are each rated at 10 percent. The appeals for increased ratings have been denied.
- Remanded (sent back)
The Board has decided to remand the claims of increased ratings for Right Shoulder Disability and Lumbar Spine Disability due to a pre-decisional duty to assist error regarding medication effects.
- Denied
The Veteran's appeal for an increased rating of PTSD was denied, as the evidence did not show occupational and social impairment with reduced reliability and productivity.,Service connection for a left shoulder disability and lumbar spine disability were also denied. The evidence did not support a finding that these conditions had onset in service or were otherwise related to service.
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