The Veteran's claims for increased ratings for thoracolumbar disability and right lower extremity radiculopathy have been dismissed as the Veteran withdrew his appeal prior to a decision being made.,An increased rating of 70 percent has been granted for the Veteran's adjustment disorder with mixed anxiety and depressed mood.
The deciding factor: The Veteran withdrew his appeals for increased ratings for thoracolumbar disability and right lower extremity radiculopathy prior to a decision being made.,The VA examiner found that the Veteran exhibited symptoms of memory problems, impairment in occupational, social and marital relationships, which is commensurate with a higher 70 percent rating.
- Claimed conditions
- Status post laminectomy, spinal cord lesion, post T-9 to T-11 biopsy, non-specific findings (thoracolumbar disability), Right lower extremity radiculopathy, Adjustment disorder with mixed anxiety and depressed mood
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 14, 2023
- Citation
- 23039064
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 23039064.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 right lower extremity radiculopathy was evaluated at a 20 percent rating, and the Board found that it did not meet the criteria for a higher evaluation.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for an acquired psychiatric disability, including PTSD and adjustment disorder with mixed anxiety and depressed mood, requires further review due to a duty-to-assist error related to missing VA treatment records and unverified in-service stressors.
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