The Veteran's appeal for a rating in excess of 40 percent for his back disability is dismissed. The extension of a temporary total rating beyond October 1, 2018, based on a period of convalescence for service-connected back disability is denied. The Veteran is granted a TDIU.
The deciding factor: The Veteran withdrew his appeal regarding the increased rating for his back disability prior to the decision being made.
- Claimed conditions
- severe degenerative disc disease at L4 to L5 with central and bilateral foramen disk protrusion (back disability), left ear hearing loss, tinnitus, residuals of head trauma to include brain syndrome and migraine headaches, traumatic brain injury (TBI), surgical scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 23, 2023
- Citation
- 23018320
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 23018320.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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