The appeal of entitlement to an evaluation in excess of 20 percent for IVDS was dismissed due to a procedural defect.
The deciding factor: The Veteran filed a Board appeal while Higher-Level Review of the same issue was still pending, which is prohibited under applicable law.
- Claimed conditions
- intervertebral disc syndrome (IVDS)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2025
- Citation
- A25041542
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the issue of entitlement to an earlier effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome.
- Partly granted
The Board granted a separate 20 percent rating for intervertebral disc syndrome based on limited cervical range of motion and a 40 percent rating for IVDS based on limited thoracolumbar range of motion, while dismissing the appeal for service connection for a right knee disability.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as service connection for several conditions.
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