The Veteran's appeals for increased ratings for lumbosacral degenerative disc disease and left leg radiculopathy have been dismissed due to his failure to respond within a year to VA requests for releases necessary to secure the further evidence needed for proper adjudication of these claims.
The deciding factor: The Veteran failed to provide the required releases for evidence, as requested by VA, which is essential for a proper adjudication of his claims. As a result, he has abandoned his claims.
- Claimed conditions
- lumbosacral degenerative disc disease, left leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2010
- Citation
- 1023242
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 1023242.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 left and right hip strain, left and right ankle pain, and bilateral plantar fasciitis as secondary to the Veteran's service-connected bilateral knee disability. The claims for allergic rhinitis, chronic sinusitis, chronic headaches, irritable bowel syndrome (IBS), and post traumatic residual pain and cramping of the left lower leg were remanded.
- Remanded (sent back)
The Board is remanding the claims for a neurological examination to address concerns raised by the Court regarding the October 2020 VA examination report.
- Partly granted
The Board granted an evaluation of 20 percent for bulging disc, lumbosacral strain, effective from May 16, 2023, to June 28, 2024, and denied earlier effective dates for the awards of service connection for left and right leg radiculopathy, as well as for rhinitis and sinusitis.
- Partly granted
The Board granted an evaluation of 20 percent for bulging disc, lumbosacral strain, effective from May 16, 2023, to June 28, 2024, and denied earlier effective dates for the awards of service connection for left and right leg radiculopathy, as well as for rhinitis and sinusitis.
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