The Veteran's claim for service connection for a hip disability is dismissed as the benefit was granted in a January 2020 rating decision.,Claims for earlier effective dates for increased ratings of 20 percent for back and bilateral lower extremity disabilities are denied. The Veteran did not have these conditions prior to February 10, 2015.,Service connection is denied for neck disability as there is no evidence it was incurred or caused by service-connected conditions.,Increased ratings in excess of 20 percent for back and lower extremity radiculopathy disabilities are remanded. The Veteran's current effective date is February 10, 2015.,Service connection is denied for sleep apnea and asthma as there is no evidence they were incurred or caused by service-connected conditions.,Increased ratings in excess of 20 percent for right knee disability and total disability rating based on individual unemployability are remanded.
The deciding factor: The Veteran's hip disability was granted in a January 2020 rating decision, thus the appeal is dismissed as the full benefit sought has been granted.,There is no evidence showing the Veteran's entitlement to an increased rating for his back or bilateral lower extremity radiculopathy arose prior to February 10, 2015. The effective date of the current award is February 10, 2015.,The Veteran does not have a neck disability that was incurred in service or caused by any service-connected conditions.,There is no evidence showing the Veteran's back and lower extremity radiculopathy disabilities were manifested prior to February 10, 2015. The effective date of the current award is February 10, 2015.,The Veteran does not have a sleep disability or respiratory disability that was incurred in service or caused by any service-connected conditions.,There is no evidence showing the Veteran's right knee disability or total disability rating based on individual unemployability were manifested prior to February 10, 2015. The effective date of the current award is February 10, 2015.
- Claimed conditions
- hip disability, back disability, bilateral lower extremity radiculopathy, neck disability, sleep disability, respiratory disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062993
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 21062993.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
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