The Board dismissed all appeals for increased ratings and effective date claims related to various conditions, including cervical spine, left upper extremity radiculopathy, posttraumatic degenerative changes of the right ankle, right shoulder rotator cuff strain/tendonitis, degenerative changes of the left knee, degenerative changes of the right knee, sciatic nerve radiculopathies in both lower extremities, and femoral nerve radiculopathy.
The deciding factor: The Veteran requested withdrawal of his appeal due to a scheduled hearing that he did not attend.
- Claimed conditions
- degenerative arthritis of the cervical spine with intervertebral disc syndrome (IVDS), left upper extremity radiculopathy, posttraumatic degenerative changes of the right ankle, right shoulder rotator cuff strain/tendonitis, degenerative changes of the left knee, degenerative changes of the right knee, left lower extremity sciatic nerve radiculopathy, right lower extremity femoral nerve radiculopathy, right lower extremity sciatic nerve radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2022
- Citation
- 22004523
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 22004523.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- 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 Board has determined that there are pre-decisional duty-to-assist errors in the Veteran's claims for increased ratings for bilateral lower extremity femoral nerve radiculopathy, and thus remands the case to obtain addendum medical opinions.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
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