The Veteran's appeal for an increased rating greater than 20 percent for DJD of the thoracolumbar spine was dismissed due to withdrawal by his representative. The issues of service connection for bilateral wrist / hand / finger disabilities, secondary to service-connected DJD of the thoracolumbar spine, are remanded.
The deciding factor: The Veteran withdrew his appeal for an increased rating greater than 20 percent for DJD of the thoracolumbar spine.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the Thoracolumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2023
- Citation
- 23046977
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 23046977.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 initial claim for a higher rating for her thoracolumbar spine DJD was denied. The right foot plantar fasciitis and bilateral plantar fasciitis were granted a 30 percent rating effective February 21, 2021. The right shoulder DJD was denied a higher rating. The cervical spine DJD prior to December 2, 2019 was granted a 20 percent rating; from that date, the claim for a higher rating was denied.
- Denied
The Veteran's service-connected DJD of the thoracolumbar spine and bilateral lower extremity radiculopathy involving the sciatic nerve were evaluated as 10% and 10% respectively, with no higher ratings granted. The appeal was denied for an increased rating.
- Denied
The Veteran's claim for an increased disability rating for degenerative joint disease of the thoracolumbar spine was denied, as his condition does not meet the criteria for a higher rating. The claim for TDIU was also denied due to the Veteran’s ability to secure and follow a substantially gainful occupation.
- Denied
The Veteran's DJD of the thoracolumbar spine is rated at 40 percent, and symptoms do not warrant a higher rating based on ankylosis or incapacitating episodes.
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