The Veteran's appeal for a rating in excess of 40 percent for lumbar DDD and spondylosis was dismissed. A TDIU prior to December 1, 2020 is granted. The case is remanded for consideration of an extraschedular TDIU from December 1, 2020.
The deciding factor: The Veteran withdrew his appeal for a rating in excess of 40 percent for lumbar DDD and spondylosis prior to the Board's decision. The evidence established that he was unemployable due to service-connected disabilities prior to December 1, 2020.
- Claimed conditions
- lumbar degenerative disc disease (DDD), spondylosis, left knee strain, right lower extremity radiculopathy, anxiety disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 31, 2022
- Citation
- 22049581
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 22049581.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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