The Veteran's appeals for service connection and a higher rating were dismissed. The Board found that the Veteran withdrew his appeal regarding cervical spine disability and other specified trauma and stress related disorder, and granted service connection for radiculopathy of the bilateral lower extremities as secondary to his low back disability.
The deciding factor: The Veteran withdrew his appeals for cervical spine disability and other specified trauma and stress related disorder at a hearing before the Board. The Board found that the radiculopathy was secondary to his service-connected low back disability, resolving all reasonable doubt in favor of the Veteran.
- Claimed conditions
- Cervical spine disability, Other specified trauma and stress related disorder, Lumbosacral strain (low back disability), Radiculopathy of the bilateral lower extremities
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- November 22, 2021
- Citation
- 21069854
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 21069854.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's cervical spine condition had its onset in service and has continued since then, meeting the criteria for service connection.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his cervical spine, thoracolumbar spine, left shoulder, right shoulder, upper extremity neurological, and lower extremity neurological disabilities due to inadequate VA medical examinations in March 2019 and January-May 2016. The new examinations must consider the Veteran's reported onset dates for his symptoms.
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