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
- Not verified here — check the original decision
- Decision date
- April 21, 2008
- Citation
- 0813149
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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