The Board has dismissed the Veteran's appeals for cervical spine disability and neurological disabilities of the right and left upper extremities. The Board granted service connection for a lumbar spine disability, to include degenerative disc disease (DDD), on an aggravation basis. Service connection was also granted for radiculopathy of the right and left lower extremities secondary to the Veteran's service-connected DDD.
The deciding factor: The evidence is at least in equipoise as to whether the Veteran’s currently diagnosed radiculopathy of the right and left lower extremities are caused by his service-connected lumbar spine disability (DDD).
- Claimed conditions
- cervical spine disability, neurological symptoms of the right upper extremity, neurological symptoms of the left upper extremity, lumbar spine disability (DDD), raticulopathy of the right lower extremity, raticulopathy of the left lower extremity
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2019
- Citation
- 19189031
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 19189031.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Remanded (sent back)
The Board remands the claim for a cervical spine disability to obtain an addendum medical opinion addressing the Veteran's in-service treatment for pack palsy with residual weakness.
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.