The Veteran's claims for increased evaluations of degenerative disc disease (DDD) of the lumbar spine and DDD of the cervical spine were dismissed by the Board in May 2014. The appeals are without legal merit, and must be dismissed.,Effective dates prior to July 10, 2003, for service connection of radiculopathy of the right lower extremity and radiculopathy of the left upper extremity were denied. Effective dates of August 16, 2006, but no earlier, for these disabilities were granted.,The Veteran's claim for an initial evaluation in excess of 10 percent for radiculopathy of the right lower extremity prior to October 25, 2012, and from October 25, 2012, was denied.
The deciding factor: The appeals were dismissed due to res judicata as the issues had been previously addressed by the Board in May 2014.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Degenerative disc disease of the lumbar spine, Radiculopathy of the left upper extremity, Radiculopathy of the right lower extremity, Radiculopathy of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2019
- Citation
- 19135329
Veterans Law Judge
Decisions by this judge: 1,454 · Granted: 23% (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 19135329.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.