The Board dismissed the appeal for a rating in excess of 20 percent for transitional lumbosacral vertebra with facet arthropathy L5-S1 due to lack of jurisdiction. The left shoulder issue is remanded for further action.
The deciding factor: The Veteran specifically excluded from appeal the issue of entitlement to a rating in excess of 20 percent for transitional lumbosacral vertebra, with facet arthropathy L5-S1, and neither he nor his representative have shown any indication of pursuing an appeal of this issue since the issuance of the December 2014 statement of the case.
- Claimed conditions
- transitional lumbosacral vertebra, left shoulder acromioclavicular joint separation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2018
- Citation
- 18157343
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 18157343.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the cases for increased ratings for left shoulder disabilities due to inadequate VA examinations. The appellant's claims are pending and will be reconsidered with new evidence.
- Partly granted
The Board granted service connection for a lumbosacral strain, left and right shoulder acromioclavicular joint separations, and migraine headaches. Atrial fibrillation and a left foot condition were denied.
- Remanded (sent back)
The Board has remanded the claims for service connection for left shoulder and back disabilities due to a pre-decisional duty to assist error. The Veteran's tinnitus claim is granted.
- Denied
The Veteran's claim for service connection for vertigo and dizziness with peripheral vestibular disorder and Meniere's syndrome was granted, but an earlier effective date is denied.,The Veteran's claim for service connection for left shoulder acromioclavicular joint separation was denied, as the evidence did not establish a diagnosis prior to March 4, 2020.
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