The Veteran's appeal has been dismissed as he requested withdrawal of his appeal due to the issuance of a new rating decision awarding him a 40% disability rating for thoracic spine DJD effective January 10, 2022.
The deciding factor: The Veteran withdrew his appeal prior to the promulgation of a final decision by requesting withdrawal from VA
- Claimed conditions
- Degenerative Joint Disease (DJD) of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2022
- Citation
- 22026522
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 22026522.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted initial ratings for DJD of the thoracic spine, right and left lower extremity sciatic radiculopathy, and left knee limitation of extension, while denying higher ratings. The Veteran was also awarded SMC based on regular need for aid and attendance.
- Denied
The Veteran's thoracic spine disorder, diagnosed as DJD of the lumbar spine with lumbar strain, is rated at 40 percent and not entitled to a higher rating. The appeal for an earlier effective date for Dependents' Educational Assistance benefits was also denied.
- Remanded (sent back)
The Board has remanded the cases for further development, specifically requesting an addendum medical opinion to account for the Veteran's statements regarding less pain and immobility with more movement.
- Denied
The Veteran's claim for a higher rating for his service-connected back disability was denied on the basis that the current schedular ratings adequately describe his disability level and symptomatology, and there were no exceptional or unusual factors rendering application of the regular schedular standards impractical.
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