The Veteran's appeal for increased ratings and TDIU was dismissed due to the Veteran requesting a withdrawal of his appeal regarding an evaluation in excess of 10 percent prior to January 2, 2019, in excess of 20 percent prior to May 2, 2022, and in excess of 40 percent thereafter, for lumbosacral strain and degenerative joint disease of the lumbar spine. The Board found that his radiculopathy warranted a 40 percent initial rating for both lower extremities.
The deciding factor: The Veteran's radiculopathy was found to be analogous to moderately severe incomplete paralysis of the sciatic nerve bilaterally, warranting a 40 percent initial rating.
- Claimed conditions
- lumbosacral strain, degenerative joint disease of the lumbar spine, rhabdomyalgia (nerve damage), radiculopathy of the left lower extremity, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2023
- Citation
- 23044310
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 23044310.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
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