The Board dismissed the Veteran's claims for increased ratings prior to August 1, 2017 for radiculopathy of the bilateral lower extremities and left hip degenerative joint disease as they were part of an already initiated legacy appeal.
The deciding factor: The Board lacked jurisdiction over these issues due to their placement in the Legacy system and the modernized review system (AMA) not applying to them.
- Claimed conditions
- radiculopathy, left lower extremity, radiculopathy, right lower extremity, left hip degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2020
- Citation
- A20017822
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claims for a total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation based on aid and attendance, pending implementation of an earlier effective date for urge incontinence.
- Remanded (sent back)
The Board remands the claims for increased disability ratings and TDIU as further VA examinations are required to address the Veteran's reports of flareups and functional limitations.
- Denied
The Board denied the Veteran's claim for service connection for radiculopathy, as there was no evidence of a current diagnosis of radiculopathy.
- Remanded (sent back)
The Board remands the claims for service connection for hepatitis C and related conditions as they are inextricably intertwined.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.