The Board has dismissed the appeal as the appellant's representative requested withdrawal of the appeal due to the AOJ granting a TDIU.
The deciding factor: The appellant’s representative withdrew the appeal citing the grant of a total disability rating based on individual unemployability by the AOJ.
- Claimed conditions
- Degenerative joint disease of the lumbosacral spine, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2020
- Citation
- 20073597
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Granted
The Board granted a 50 percent rating for the Veteran's degenerative joint disease of the lumbosacral spine, effective February 2, 2020.
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