The Board has dismissed the appeals for service connection and initial rating issues related to degenerative disc disease of the lumbar spine and persistent depressive disorder, respectively. The reduction in disability rating from 20% to 10% for residuals of stress fractures of the second and third metatarsals of the right foot was found improper and has been restored.
The deciding factor: The evidence did not show sustained improvement in the Veteran's right foot condition that would warrant a reduction in his disability rating, despite the VA examiner's assessment of moderate severity.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Persistent depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2023
- Citation
- 23003217
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 23003217.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- 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.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- 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.
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