The Veteran's appeal for service connection for high white blood cell count was dismissed.,Initial disability evaluations of 20 percent were granted for degenerative disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity prior to March 23, 2016.
The deciding factor: The Veteran withdrew his appeal for service connection for high white blood cell count in August 2020.,Prior to March 23, 2016, the criteria for a 20 percent rating were met for degenerative disc disease status-post laminectomy and fusion L5-S1 with IVDS, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity.
- Claimed conditions
- Degenerative disc disease, IVDS (Intervertebral Disc Syndrome), Sciatic radiculopathy of the left lower extremity, Sciatic radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 7, 2020
- Citation
- 20065309
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
- Granted
The Board granted service connection for a neck injury, including degenerative arthritis, IVDS, spinal stenosis, and history of spinal fusion, based on the evidence showing chronicity since service.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
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