The Veteran's appeals for a compensable rating for left ankle scar, left shoulder scar, and painful left shoulder scar were dismissed due to the Veteran's request to withdraw his appeal.,The Veteran's claim for a disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine with IVDS was denied. The Board found that there is no evidence of muscle atrophy or ankylosis associated with the condition.
The deciding factor: The Veteran withdrew his appeals for left ankle scar, left shoulder scar, and painful left shoulder scar.,There is no evidence of muscle atrophy or ankylosis associated with degenerative arthritis of the lumbar spine with IVDS. The Board found that the Veteran's condition did not meet the criteria for a higher rating.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with IVDS (previously rated as lumbosacral spondylosis), Persistent depressive disorder, Left lower extremity radiculopathy (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2021
- Citation
- 21076658
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 21076658.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's acquired psychiatric disability, including persistent depressive disorder and generalized anxiety disorder, is found to have begun during service. Effective February 4, 2020, a 20% rating for right lower extremity radiculopathy is granted. The effective date of the separate 20% rating for left lower radiculopathy remains January 14, 2021.
- Denied
The Veteran's claim for SMC(o) was denied as he could not receive multiple awards of SMC(l). The right shoulder bicipital tendonitis rating was denied, and the TDIU claim was granted.
- Granted
The Veteran is granted special monthly compensation based on the need for regular aid and attendance due to his service-connected psychiatric disability and GERD, effective December 30, 2021.
- Granted
The Veteran's acquired psychiatric disability, specifically generalized anxiety disorder and persistent depressive disorder, is granted a 70 percent rating for the entire period on appeal. The issue of entitlement to TDIU remains pending.
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