The Veteran's appeals for earlier effective dates for left shoulder, cervical spine, and lumbar spine degenerative joint disease have been dismissed.,The Veteran's appeals for initial disability ratings higher than 10 percent for left shoulder degenerative joint disease, 20 percent for cervical spine degenerative joint disease, and 20 percent for lumbar spine degenerative joint disease have been remanded.
The deciding factor: The Veteran withdrew his appeals as to these issues during a November 2018 Board hearing.,There is no evidence of claims filed prior to June 29, 2010 for radiculopathies in the upper and lower extremities.
- Claimed conditions
- left shoulder degenerative joint disease, cervical spine degenerative joint disease, lumbar spine degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2019
- Citation
- 19165350
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (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 19165350.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for a higher rating for left shoulder degenerative joint disease with glenohumeral joint instability was denied as his disability did not more nearly approximate limitation of motion to 25 degrees from the side.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete service treatment records and a need to address lay statements regarding in-service injuries. The AOJ is instructed to obtain complete service treatment records, correct any duty-to-assist errors, and provide an addendum opinion on whether the Veteran's current lumbar spine and right knee disabilities are related to heavy, repetitive lifting from his military duties.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for IBS, lumbar spine disability, and lower extremity radiculopathy due to a procedural error in providing notice of his right to a hearing.
- Remanded (sent back)
The Veteran's claim for a temporary total rating based on hospitalization or convalescence due to his service-connected cervical spine disability is remanded as the record does not include post-surgical follow-up treatment records from the University of Virginia Hospital.
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