The appeal for a rating in excess of 10 percent for lumbosacral strain was withdrawn by the Veteran, and thus dismissed.
The deciding factor: The Veteran explicitly withdrew his appeal pertaining to the issue of entitlement to a rating in excess of 10 percent for a lumbosacral strain at an August 2024 Board hearing.
- Claimed conditions
- Fatigue, Chronic Fatigue Syndrome (CFS), Obstructive Sleep Apnea (OSA), Left Hip Disorder, Right Hip Disorder, Respiratory Disorder, other than sarcoidosis and allergic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2025
- Citation
- 25005855
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.