The veteran withdrew his appeal on the claims before the Board, and the appeal is dismissed.
The deciding factor: The veteran's authorized representative withdrew the appeal in April 2008, resulting in a lack of jurisdiction for the Board to review the case.
- Claimed conditions
- lumbar strain with herniated nucleus pulposus, radiculopathy of right lower extremity, radiculopathy of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2008
- Citation
- 0813149
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0813149.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Board has dismissed the appeal of the issue regarding radiculopathy of left lower extremity. The Veteran's degenerative disc disease with spondylolisthesis, right shoulder impingement syndrome, and radiculopathy of the right lower extremity are all granted as secondary to service-connected conditions.
- Granted
The Board granted a 40 percent rating for lumbosacral strain and a 20 percent rating for radiculopathy of the left lower extremity, effective January 29, 2024 to June 2, 2025.
- Partly granted
The Board granted a total disability rating based on individual unemployability due to service-connected disabilities, while denying increased ratings for bipolar I disorder and social anxiety disorder with cued panic attacks, radiculopathy of the right lower extremity, and a compensable rating for cervicogenic headaches.
- Partly granted
The Board reinstated the 40 percent rating for degenerative arthritis of the thoracolumbar spine and radiculopathy of right lower extremity. It also granted a 40 percent rating for radiculopathy of the left lower extremity and effective dates of June 27, 2018, for TDIU and DEA.
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