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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claims that five prior rating decisions were products of clear and unmistakable error. The Board found that the Veteran's arguments constituted disagreements with how the Agency of Original Jurisdiction weighed evidence in final prior decisions, which cannot rise to the level of valid CUE claims.
- Granted
The Board granted a 30 percent rating for the service-connected left upper extremity radiculopathy, effective from August 3, 2023.
- Granted
The Board granted an effective date of September 20, 2022 for the assignment of service connection and a disability rating of 20 percent for radiculopathy of the right upper extremity from September 20, 2022 to March 20, 2024.
- Granted
The Board granted service connection for the veteran's claimed conditions, including iliotibial band syndrome of the left knee, a cervical spine disability, radiculopathy of the right and left upper extremities, alopecia totalis, a right hip disability, a left hip disability, a right elbow disability, a right shoulder disability, and a left shoulder disability.
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