The Veteran's claims for radiculopathy of the right and left upper extremities have been granted but are moot due to the grant.,The Veteran's claim for an earlier effective date for rectal outlet dysfunction (IBS) has been denied as there is no CUE in the August 2009 rating decision.,The Veteran's cervical spine disability remains rated at 10 percent.
The deciding factor: Both radiculopathy claims have been granted and are therefore moot due to the grant of service connection.,There was no CUE in the August 2009 rating decision, thus denying the claim for an earlier effective date for rectal outlet dysfunction (IBS).,The Veteran's cervical spine disability is currently rated at 10 percent.
- Claimed conditions
- Radiculopathy of the right upper extremity, Radiculopathy of the left upper extremity, Rectal outlet dysfunction (claimed as IBS)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2019
- Citation
- A19003370
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A19003370.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's cervical spine disability and radiculopathy of both upper extremities have been granted increased ratings, with the left upper extremity receiving a higher rating due to more severe symptoms.
- Denied
The Veteran's cervical strain is currently rated at 10 percent, but the evidence does not support a higher rating.,There is no current diagnosis of radiculopathy of the left upper extremity. The Veteran's service-connected cervical strain did not result in this condition.
- Denied
The Veteran's claims for service connection for a cervical spine disorder and radiculopathy of the right upper extremity were denied due to lack of new and material evidence.,The effective date for the grant of service connection for these conditions was not earlier than April 22, 2016.
- Dismissed
The Veteran's appeals for a Total Disability Rating Based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA) prior to February 11, 2021 are dismissed as the issues remain pending in the Legacy system.
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