The Veteran's claims for increased ratings and service connection have been dismissed due to finality of prior Board decisions. The Veteran's prostate cancer residuals are rated at the maximum allowable, and his upper left extremity radiculitis is not rated higher than 20 percent. Service connection for bilateral lower extremity radiculopathy has not been established prior to December 7, 2017.
The deciding factor: The Veteran's prostate cancer residuals have been rated at the maximum allowable since November 2002 and are therefore not eligible for further increase in rating. The Board found that the left upper extremity radiculitis is most analogous to incomplete mild paralysis of a minor radial nerve, which does not warrant a higher rating than 20 percent. Service connection for bilateral lower extremity radiculopathy has not been established prior to December 7, 2017.
- Claimed conditions
- Prostate Cancer Residuals, Left Upper Extremity Radiculitis, Bilateral Lower Extremity Radiculopathy, Right Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2020
- Citation
- 20052311
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 20052311.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Granted
The Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
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