The Veteran withdrew his claims for increased ratings for major depressive disorder and severe lumbar spinal stenosis, resulting in the dismissal of the appeal.
The deciding factor: The Veteran withdrew his requests for a hearing and his claims before the Board promulgated a decision on the current appeals.
- Claimed conditions
- major depressive disorder (MDD) with anxious distress, severe lumbar spinal stenosis with neural foraminal stenosis L4-5
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000086
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board denied an increased initial evaluation for major depressive disorder (MDD) with anxious distress, which is currently rated at 70 percent disabling.
- Remanded (sent back)
The Board remands the issues on appeal for correction of a pre-decisional duty to assist error, specifically failing to provide notice of the Veteran's right to a hearing.
- Denied
The Board denied service connection for tinnitus and denied earlier effective dates for increased ratings and special monthly compensation claims.
- Denied
The Board denied service connection for obstructive sleep apnea (OSA), including as secondary to service-connected major depressive disorder (MDD) with anxious distress and traumatic brain injury (TBI).
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.