The Veteran's appeal for an earlier effective date for the grant of service connection for degenerative joint disease of the lumbar spine with intervertebral disc syndrome is dismissed as a matter of law.
The deciding factor: The claim was not properly filed within one year after separation from service, and there is no evidence that the Veteran had knowledge or intent to file an earlier claim. The appeal must be dismissed due to lack of legal merit.
- Claimed conditions
- degenerative joint disease of the lumbar spine with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2014
- Citation
- 1414208
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 1414208.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claims for service connection for degenerative joint disease of the lumbar spine, skin disorder, and shoulder disabilities were denied. The claim for an acquired psychiatric disability was remanded.
- Granted
The Veteran's ratings for left lower femoral nerve radiculopathy, right lower femoral nerve radiculopathy, degenerative joint disease of the lumbar spine with intervertebral disc syndrome, and right lower sciatic nerve radiculopathy were improperly reduced. The reductions are now reinstated.,The Veteran's claim for an increased rating in excess of 10 percent for right lower extremity radiculopathy affecting the sciatic nerve is denied.
- Dismissed
The Veteran's appeal for an increased rating for his service-connected back disorder was dismissed because he withdrew the appeal after receiving a 100 percent schedular disability rating.
- Dismissed
The Veteran's appeal seeking earlier effective dates for the awards of service connection for degenerative joint disease of the lumbar spine with intervertebral disc syndrome, right lower extremity radiculopathy, erectile dysfunction, and SMC based on loss of use of a creative organ has been dismissed.,The Veteran's appeal seeking an initial compensable rating for erectile dysfunction has been dismissed.,The Veteran's appeal seeking an initial rating in excess of 30 percent for irritable bowel syndrome with pancreatitis has been dismissed.,The Veteran’s appeal seeking service connection for left lower extremity radiculopathy is remanded.,The Veteran’s appeals seeking increased ratings for right lower extremity radiculopathy and a back disability are remanded.
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