The Board dismissed the appeal for a rating in excess of 30 percent for cervical spine injury with strain. A separate compensable disability rating of 10 percent, but no higher, was granted for radiculopathy of the right lower extremity from January 12, 2017. Service connection for anxiety disorder with amnesic disorder was properly terminated and denied. Severance of special monthly compensation housebound benefits, non-service connected pension, and Dependents’ Educational Assistance (DEA) benefits were also granted.
The deciding factor: The Veteran withdrew his appeal regarding the issue of entitlement to a rating in excess of 30 percent for cervical spine injury with strain at his December 2016 Board hearing. The separate compensable disability rating was granted based on objective neurologic manifestations of mild incomplete partial paralysis from January 12, 2017. Service connection for anxiety disorder with amnesic disorder was properly terminated and denied due to fraudulent statements.
- Claimed conditions
- Cervical spine injury with strain, Lumbar radiculopathy of the right lower extremity (from service-connected lumbar back disability), Anxiety disorder with amnesic disorder, Post-concussion headaches, Right hand paresthesia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2018
- Citation
- 18102939
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 18102939.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 PTSD, cervical degenerative disc disease, lumbar spine degenerative disc disease, and radiculopathies of the upper and lower extremities. A 30 percent rating was also granted for vertigo associated with TBI.
- Denied
The Veteran's post-concussion headaches do not meet the criteria for a compensable evaluation under DC 8100, as they do not cause characteristic prostrating attacks.,The Veteran's panic disorder without agoraphobia with TBI does not meet the criteria for a total rating under DC 9412 due to his ability to maintain work and social relationships.
- Granted
The Veteran's post-concussion headaches are rated at a 50 percent disability rating prior to February 21, 2020. The claim for a separate rating for service-connected TBI is denied.
- Granted
The Veteran's TBI, post-concussion headaches, right knee limitation of extension, and left knee limitation of extension were granted service connection effective June 29, 2016.,A 10 percent disability rating for right knee joint osteoarthritis was also granted effective June 29, 2016.
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