The Board dismissed the claim for an evaluation in excess of 40 percent for lumbar strain with degenerative joint/disc disease and intervertebral disc syndrome due to a withdrawal by the Veteran. The claims for increased ratings for unspecified depressive disorder are remanded, as is the TDIU claim.
The deciding factor: The Veteran withdrew their appeal regarding an evaluation in excess of 40 percent for lumbar strain with degenerative joint/disc disease and intervertebral disc syndrome.
- Claimed conditions
- lumbar strain, degenerative joint/disc disease, intervertebral disc syndrome, unspecified depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2023
- Citation
- 23065211
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 23065211.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Granted
The Veteran's anxiety and depressive disorders were rated at a 70 percent disability rating effective May 6, 2015.,Effective May 6, 2015, the Veteran was granted an earlier effective date for DEA benefits.
- Granted
The Board has determined that the Veteran's current unspecified depressive disorder is related to his service-connected disabilities, and thus grants service connection for this condition.
- Denied
The Veteran's service-connected unspecified depressive disorder with insomnia disorder is rated at 30 percent, and the Board has determined that this rating is not sufficient to reflect his disability picture.
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