The Veteran's appeal of the left elbow disability and radiculopathy of the right lower extremity issues have been dismissed. A separate rating in excess of 10 percent for radiculopathy of the right lower extremity associated with lumbosacral strain has been granted, effective July 11, 2014. The Veteran's TDIU claim is remanded.
The deciding factor: The Veteran withdrew his appeal of the left elbow disability issue and a separate rating in excess of 10 percent for radiculopathy of the right lower extremity has been granted effective July 11, 2014. The TDIU claim remains on appeal as it is based on the combined effects of service-connected disabilities.
- Claimed conditions
- degenerative changes of the left elbow with posterior subluxation of the radial head, subchondral cyst of the left capitellum (left elbow disability), unspecified depressive disorder, lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2020
- Citation
- 20000448
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Granted
The Board granted a 70 percent rating for the Veteran's unspecified depressive disorder, finding that her symptoms more closely approximated those required for such a rating.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
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