Dismissed
All initial claims for increased ratings were dismissed as the Veteran requested withdrawal of his appeal. The restoration of a 50% rating for major depressive disorder was granted effective December 1, 2015. Earlier effective dates were granted for increased ratings for lumbar spine and cervical spine disabilities.
The deciding factor: The Veteran withdrew his appeals regarding all initial increased disability ratings as he requested withdrawal prior to the promulgation of a decision.
- Claimed conditions
- {"condition_name":"Major depressive disorder"}, {"condition_name":"Right elbow strain-flexion"}, {"condition_name":"Right elbow strain-impairment"}, {"condition_name":"Bilateral lumbar radiculopathy"}, {"condition_name":"Esophageal reflux"}, {"condition_name":"Osteoarthritis of the left thumb carpal-metacarpal joint"}, {"condition_name":"Right fifth finger fracture ankylosis"}, {"condition_name":"A right thumb sprain"}, {"condition_name":"Costochondritis"}, {"condition_name":"Bilateral hearing loss"}, {"condition_name":"Sinusitis"}, {"condition_name":"Allergic rhinitis"}, {"condition_name":"Prostatitis"}, {"condition_name":"Right cheek and chin scars"}, {"condition_name":"A right hand fifth finger scar"}, {"condition_name":"Left cervical radiculopathy"}, {"condition_name":"Right cervical radiculopathy"}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186903
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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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.