The Board dismissed the Veteran's claim for a disability rating in excess of 10 percent, prior to March 12, 2010, and 40 percent thereafter, for service-connected right upper extremity radiculopathy because no appeal was filed within the required time frame.
The deciding factor: The Veteran did not file an appeal with the Court within 120 days of the September 2017 Board decision, making it final and without jurisdiction over the issue.
- Claimed conditions
- right upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 13, 2021
- Citation
- 21029567
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 21029567.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Granted
The Board has granted effective dates of January 4, 2024 for the service connection of left and right upper extremity radiculopathy as a complication or secondary to service-connected cervical degenerative disc disease with spinal stenosis and vertebral fracture.
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