The Veteran's claim for an increased disability rating for degenerative arthritis of the spine has been dismissed as the Veteran withdrew their request.,The reduction in the rating for bilateral pes planus from 50% to 30% was improper, and the 50% rating is restored. The RO must secure treatment records prior to making a decision on this issue.,The Veteran's claim for TDIU remains pending as there were pre-decisional duty-to-assist errors in obtaining her private treatment records.
The deciding factor: The Veteran withdrew their request for an increased disability rating for degenerative arthritis of the spine, resulting in its dismissal.,The reduction from 50% to 30% was improper due to lack of evidence demonstrating sustained material improvement under ordinary conditions of life. The RO must secure treatment records prior to making a decision on this issue.,There were pre-decisional duty-to-assist errors regarding the Veteran's private treatment records, which need to be corrected before deciding her TDIU claim.
- Claimed conditions
- Degenerative arthritis of the spine, Bilateral pes planus (flat feet)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2023
- Citation
- A23031477
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 A23031477.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the Veteran's claims for service connection for a left ankle disability and a bilateral foot disability, finding that there was no evidence of an in-service injury or disease related to these conditions.
- Granted
The Board has granted service connection for degenerative arthritis of the spine, right knee degenerative arthritis, left knee degenerative arthritis, right ankle degenerative arthritis, and left ankle degenerative arthritis.
- Granted
The Veteran's low back disability is rated at 50 percent effective February 13, 2021. His left lower extremity sciatic nerve radiculopathy is rated at 80 percent from April 21, 2013 to February 12, 2021. The Veteran's TDIU claim has an earlier effective date of April 21, 2013.
- Granted
The Veteran's back condition is granted an increased disability rating of 40 percent, but no higher. The claims for service connection for LLE and RLE radiculopathies are remanded.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.