The Veteran's appeal for a rating in excess of 10 percent prior to May 31, 2019 and in excess of 20 percent thereafter for intervertebral disc syndrome (IVDS) has been dismissed due to the Veteran withdrawing his request for a Board hearing.
The deciding factor: The Veteran withdrew his appeal through his authorized representative in July 2020.
- Claimed conditions
- intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- A20016069
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the issue of entitlement to an earlier effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome.
- Partly granted
The Board granted a separate 20 percent rating for intervertebral disc syndrome based on limited cervical range of motion and a 40 percent rating for IVDS based on limited thoracolumbar range of motion, while dismissing the appeal for service connection for a right knee disability.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as service connection for several conditions.
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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.