The Board dismissed the appeal for service connection of chronic fatigue. The Veteran's claim for an earlier effective date for a 30% rating for posttraumatic headaches was denied as there is no evidence showing entitlement to such prior to February 9, 2016. Service connection for sciatica of the right lower extremity on secondary basis to his service-connected lumbar spine disability was granted. However, service connection for sciatica of the left lower extremity was not granted due to lack of current diagnosis.
The deciding factor: The Veteran withdrew his appeal regarding chronic fatigue and did not file a timely claim for an earlier effective date for posttraumatic headaches prior to February 9, 2016. The evidence is at least in equipoise as to whether the Veteran's sciatica of the right lower extremity is caused by his service-connected lumbar spine disability.
- Claimed conditions
- Chronic Fatigue, Posttraumatic Headaches (Residual of TBI), Sciatica of the Right Lower Extremity, Squamous Cell Carcinoma
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 10, 2021
- Citation
- 21007738
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 21007738.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
- Remanded (sent back)
The Board has denied a compensable evaluation for bilateral hearing loss and remanded the claim of entitlement to a compensable rating for residuals of squamous cell carcinoma due to inadequate examination.
- Granted
The Board has restored service connection for Ischemic Heart Disease, Squamous Cell Carcinoma, Diabetes Mellitus type II, Chronic Kidney Disease, Diabetic Peripheral Neuropathy of the lower left extremity sciatic nerve, Diabetic Peripheral Neuropathy of the lower right extremity sciatic nerve, and Hypertension. The Board found that the original grant of service connection was not clearly erroneous due to the Veteran's exposure along the DMZ in Korea.
- Remanded (sent back)
The Veteran's non-VA care on June 6, 2019 for a Squamous Cell Carcinoma was denied because it was not deemed emergent and prior authorization was required. The Board finds the decision insufficient to determine if the care was emergent and remands for proper notice under 38 U.S.C. § 5104.
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