The Board dismissed the Veteran's claim for an earlier effective date and denied his request for a higher rating. The Board granted a 40 percent rating, but no higher, for service-connected radiculopathy of the right lower extremity. The Board also found that the Veteran is entitled to TDIU due to his service-connected disabilities.
The deciding factor: The Board determined that the earlier effective date claim was not properly raised and dismissed it as a freestanding claim. The increased rating claim for radiculopathy, right lower extremity, was adjudicated and a 40 percent rating was granted. The TDIU claim was also found to be supported by the evidence.
- Claimed conditions
- radiculopathy, right lower extremity, radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 7, 2020
- Citation
- 20023733
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 20023733.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 tinnitus, lower back condition, radiculopathy of the right and left lower extremities, and bilateral hearing loss.,There is no evidence linking these conditions to service.
- Dismissed
The Board has dismissed all appeal issues as the Veteran withdrew his appeals prior to a decision being made.
- Granted
The Board has granted service connection for thoracolumbar spine and secondary service connection for radiculopathy of the right and left lower extremities, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's active-duty service.
- Dismissed
The Veteran's appeal for individual unemployability (TDIU) and service connection for sinusitis and abdominal pain, residuals, removal of colon, severe constipation were dismissed due to duty to assist errors found in the August 2021 rating decision.,Residuals of a menstrual disorder, to include status post hysterectomy; residuals, removal of gallbladder; GERD with acid reflux disease and epigastric pain; lumbar spine condition; radiculopathy, right lower extremity; radiculopathy, left lower extremity; dry eye syndrome; left knee pain; right shoulder pain; left shoulder pain; and right ankle condition were all granted.
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