The appeal for increased evaluations of the service-connected lumbar spine disability and surgical scar is dismissed.,The appeals for initial compensable evaluation for a surgical scar of the lumbar area prior to January 26, 2013, and initial evaluation in excess of 10 percent for a surgical scar of the lumbar area on or after January 26, 2013 are dismissed.,The appeal for entitlement to TDIU prior to December 31, 2013 is dismissed.
The deciding factor: There is no longer a case or controversy with respect to these issues due to the appellant's indication that she disagreed with only one of the remaining claims and did not pursue others.,The Veteran’s service-connected disabilities were considered as one disability for TDIU basic eligibility purposes under 38 C.F.R. § 4.16(a) as disabilities resulting from a common etiology or single accident (all associated with the lumbar spine disability).,The combined evaluation was 40 percent prior to January 26, 2013, and 60 percent thereafter, at which time he met the schedular criteria for TDIU.
- Claimed conditions
- Postoperative lumbar intervertebral disc syndrome, Left lower extremity sciatic neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007658
Veterans Law Judge
Decisions by this judge: 1,612 · Granted: 16% (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 20007658.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board has granted an effective date of August 7, 2023 for the grant of service connection for Degenerative Disc Disease and Intervertebral Disc Syndrome (also claimed as a back condition), and bilateral lower extremity sciatic neuropathy.
- Granted
The Veteran's service-connected conditions, including his spine and lower extremity neuropathies, have rendered him unable to secure or follow a substantially gainful occupation since August 3, 2020.
- Partly granted
The Board granted service connection for left lower extremity femoral neuropathy, right lower extremity femoral neuropathy, left lower extremity sciatic neuropathy, right lower extremity sciatic neuropathy, irritable bowel syndrome (IBS), and dermatitis. The claim for a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) was denied.
- Partly granted
The Board denied a higher disability rating for the Veteran's degenerative arthritis of the lumbar spine and granted a separate 10 percent rating for left lower extremity sciatic neuropathy, which was found to be secondary to his service-connected back condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.