The Board has dismissed the appeals for higher initial ratings and earlier effective dates related to various conditions, including a back scar, right lower extremity radiculopathy, left lower extremity radiculopathy, and hepatitis C. The Veteran's claim for an increased rating of the lumbar spine disability is granted with a 20% rating from January 7, 2010.
The deciding factor: The Board found that the Veteran’s lumbar spine disability more nearly approximated forward flexion limited to less than 60 degrees with a combined range of motion of 120 degrees or less, warranting a higher initial 20% rating for this period.
- Claimed conditions
- Back scar, Degenerative arthritis of the lumbar spine (lumbar spine disability), Hepatitis C, Kidney disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 31, 2020
- Citation
- 20081876
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for a new VA addendum opinion to determine if the Veteran's liver cancer and hepatitis C are related to his active service, including exposure to agent orange.
- Partly granted
The Board granted service connection for several conditions, including lumbar spine degenerative arthritis and radiculopathy of the sciatic and femoral nerves, with effective dates from March 15, 2013. The Board also granted a TDIU and DEA based on unemployability due to service-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for bilateral hearing loss, hypertension, and hepatitis C as there was no evidence of functional impairment sufficient to warrant a higher rating.
- Partly granted
The Board granted the reopening of claims for service connection for a heart disorder, hypertension, diabetes mellitus, and gout. The remaining claims were remanded for further development.
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