The Veteran's appeals for an increased rating for lumbar spine degenerative joint disease and a TDIU have been dismissed as he withdrew his appeal prior to the promulgation of an appellate decision.
The deciding factor: The Veteran withdrew his appeal in writing before the Board could issue its decision, thus meeting the criteria for withdrawal of an appeal.
- Claimed conditions
- lumbar spine degenerative joint disease with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2021
- Citation
- 21032860
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 21032860.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's claim for a higher rating for migraine headaches was denied.,The reduction of the Veteran's lumbar spine degenerative joint disease with intervertebral disc syndrome from 20 to 10 percent was granted and restored.
- Remanded (sent back)
The Veteran's claims for increased evaluations of his service-connected disabilities are being remanded due to the need for additional examinations and development of records.
- Denied
The Veteran's lumbar spine disability is rated at 20 percent, with separate ratings for radiculopathies of the left and right lower extremities.,The initial rating for radiculopathy of the left lower extremity remains at 20 percent. The Board finds no basis to grant a higher rating.,From August 14, 2015, the Veteran's radiculopathy of the right lower extremity is rated at 20 percent. The Board finds no basis to grant a higher rating.,The Veteran's right shoulder disability is rated at 30 percent.
- Granted
The Veteran's low back disability is rated as 10 percent prior to April 27, 2014; a rating higher than 10 percent from April 27, 2014 to January 29, 2018 is denied; and a rating of 20 percent, but no higher, from January 30, 2018 is granted.
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