The Veteran's appeal for increases in the 'staged' ratings assigned for his lumbosacral strain with radiculopathy has been dismissed due to his failure to provide necessary identifying information and releases for critical evidence needed to properly adjudicate his claim.
The deciding factor: The Veteran did not respond to a request by VA to provide identifying information and releases for private treatment records, which are deemed critical to determining the proper rating of his back disability.
- Claimed conditions
- lumbosacral strain with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2012
- Citation
- 1230292
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 1230292.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the veteran's claims for increased ratings and granted service connection for radiculopathy of the bilateral lower extremities as secondary to her service-connected lumbosacral strain.
- Granted
The Board has determined that the Veteran's lumbosacral strain with radiculopathy is related to an in-service car accident, and thus service connection is granted.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA decision and medical records.
- Denied
The VA denied a disability rating in excess of 40 percent for lumbosacral strain with radiculopathy, which is currently rated at 40 percent.
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