The Veteran withdrew his appeal for a rating in excess of 40 percent for his back disability since January 18, 2016. The Board dismissed the issue as it is no longer under appellate status.
The deciding factor: The Veteran withdrew his appeal during a hearing, and the Board found that he understood the consequences of withdrawing the appeal.
- Claimed conditions
- thoracic spine, subscapularis muscle sprain, lumbar sacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 30, 2020
- Citation
- 20063804
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 20063804.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeals of entitlement to service connection for various shoulder, cervical spine, ankle, knee, hip, and thoracic spine disabilities have been dismissed as the Veteran withdrew his claims during a hearing. The right ear disability appeal is also dismissed.
- Remanded (sent back)
The Board has remanded the claims for increased ratings for low back disability, sciatic nerve radiculopathy of the lower extremities, and femoral nerve impairment due to inadequate medical examinations and lack of clarity regarding whether ankylosis is present.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for pes planus and thoracic spine service connection due to insufficient evidence regarding whether these conditions were aggravated by service or related to service.
- Remanded (sent back)
The Board has determined that the complete service records have not been obtained and a remand is necessary to obtain them. Additionally, a VA examination with an opinion is needed to determine the nature, etiology, and severity of the Veteran's claimed lumbar spine, right foot, thoracic spine, and shoulder disabilities.
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