The Veteran's appeal for an increased rating for his back disability prior to December 12, 2011 is dismissed as the April 2017 Board decision granted a 60 percent rating effective December 12, 2011 and the Veteran's representative stated that this satisfies their appeal.
The deciding factor: The Veteran’s representative stated in a June 2020 Informal Hearing Presentation (IHP) that the April 2017 Board decision granting a 60 percent disability rating for the Veteran’s back disability retroactive to December 12, 2011 satisfies their appeal.
- Claimed conditions
- lumbar spine osteoarthritis, chronic lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 29, 2020
- Citation
- 20050615
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 20050615.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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-connected disabilities render him unable to secure and follow a substantially gainful occupation.
- Remanded (sent back)
The Board has denied service connection for right lower extremity radiculopathy and a rating in excess of 10 percent for chronic lumbar strain. The claims for migraines and Meniere's disease are remanded.
- Denied
The Board has readjudicated the claim for service connection for chronic lumbar strain due to new evidence submitted after the prior final denial. However, it was determined that the Veteran's current condition is not related to service because his actions leading to the injury were considered willful misconduct.
- Dismissed
The Veteran's appeal for an increased rating for a chronic lumbar strain was dismissed due to an impermissible concurrent election of review options.
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