The Veteran's appeals for increased ratings and service connection were dismissed. The Board also remanded the matter of entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities prior to December 12, 2019.
The deciding factor: The Veteran withdrew his appeal of the claims for increased ratings and service connection before the Board could make a decision on them. The TDIU claim was remanded as additional evidence related to radiculopathy of the lower extremities needed to be addressed first.
- Claimed conditions
- lumbar paravertebral myositis, peripheral neuropathy of the left upper extremity, residuals of left elbow surgery, left knee sprain with meniscal tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2020
- Citation
- 20068504
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The veteran withdrew his appeal seeking increased ratings for various conditions, including peripheral neuropathy and non-alcoholic steatohepatitis.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including foot, knee, hip, shoulder, and peripheral neuropathy conditions, to ensure proper development of evidence.
- Granted
The Board granted service connection for peripheral neuropathy of the right and left upper and lower extremities, as well as right and left lower extremity sciatica.
- Denied
The Board denied service connection for all the claimed conditions as they are not related to active service.
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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.