The Veteran's appeal for increased ratings of right knee laxity and chondromalacia patella was dismissed due to the Veteran's withdrawal.,A 40 percent rating for radiculopathy of the right lower extremity is granted, effective from December 6, 2013.
The deciding factor: The preponderance of evidence reflects moderately severe incomplete paralysis of the right sciatic nerve throughout the appeal period, warranting a 40 percent rating under DC 8520.
- Claimed conditions
- Chondromalacia patella of the right knee, Right knee laxity, Radiculopathy of the right lower extremity, Acquired psychiatric disorder (PTSD), Diabetes mellitus type II, Sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 22, 2021
- Citation
- 21024392
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 21024392.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
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