The Veteran's appeals for increased ratings for left and right lower extremity radiculopathy associated with lumbosacral spine disease have been dismissed. The Board also granted TDIU from May 3, 2013 to May 2, 2017.
The deciding factor: The Veteran did not provide sufficient evidence to support his claims for increased ratings and the criteria for TDIU were met based on service-connected disabilities alone.
- Claimed conditions
- lumbosacral spine disease, degenerative spine, back facets, major depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070587
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for service connection for major depression, personality disorder, and severe anxiety due to an inadequate VA examination and opinion.
- Partly granted
The Board granted the Veteran's request to readjudicate his claim for service connection for an acquired psychiatric disorder, claimed as major depression and schizophrenia, due to new evidence being submitted after the prior final denial.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, irritable bowel syndrome, right shoulder disability (recurrent dislocation), insomnia, major depression, and posttraumatic stress disorder. However, it granted restoration of a 10 percent rating for gastroesophageal reflux disease, lumbosacral strain, left knee patellofemoral syndrome, and right knee patellofemoral syndrome.
- Partly granted
The Veteran's eligibility for Dependents' Educational Assistance (DEA) was granted from May 20, 2016. The Board also remanded the claim for a higher disability rating for his lumbosacral strain, degenerative joint disease and intervertebral disc syndrome.
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