The Veteran's appeal of an initial rating in excess of 10 percent for left elbow disability is dismissed.,A separate 10 percent rating for radiculopathy of the right lower extremity associated with lumbosacral strain is granted, effective July 11, 2014.,Effective July 11, 2014, but no earlier, a total disability based on individual unemployability (TDIU) is granted for unspecified depressive disorder and lumbosacral strain.
The deciding factor: The Veteran withdrew the appeal of an initial rating in excess of 10 percent for left elbow disability.,A separate rating of at least 10 percent for mild radiculopathy of the right lower extremity as a neurological manifestation of the service-connected lumbar spine disability is warranted.,The Veteran meets the schedular criteria for TDIU from July 11, 2014 due to his service-connected back disability and unspecified depressive disorder.
- Claimed conditions
- degenerative changes of the left elbow with posterior subluxation of the radial head, subchondral cyst of the left capitellum (left elbow disability), unspecified depressive disorder, lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2020
- Citation
- 20000448
Veterans Law Judge
Decisions by this judge: 2,199 · Granted: 25% (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 20000448.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
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