The Veteran's appeal for a rating in excess of 40 percent for degenerative disc disease (DDD) of the lumbar spine is dismissed. The Board also granted an effective date of December 7, 2010 for total disability rating based on individual unemployability due to service-connected disabilities.
The deciding factor: The Veteran withdrew his appeal for a higher initial rating for DDD of the lumbar spine in March 2020 correspondence. The Board found that he was unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities since December 7, 2010.
- Claimed conditions
- Degenerative disc disease (DDD) of the lumbar spine, Major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 13, 2020
- Citation
- 20033565
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 20033565.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, including major depressive disorder, as secondary to his already service-connected hearing loss and tinnitus.
- Granted
The Board has granted service connection for major depressive disorder, finding that the Veteran's current diagnosis is related to his in-service harassment. Service connection was denied for a binge eating disorder as there is no evidence of such a condition.
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