The Board has dismissed all the issues related to increased disability ratings for various spinal and arm conditions as well as a total disability rating based on individual unemployability due to the Veteran's death.
The deciding factor: The Veteran died during the pendency of the appeal, thus the Board lacks jurisdiction to adjudicate the merits of the claims.
- Claimed conditions
- right shoulder tendonitis, degenerative disc disease of the cervical spine, degenerative disc disease of the lumbosacral spine, left arm radiculopathy, right arm radiculopathy, left leg radiculopathy, right leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2022
- Citation
- 22007859
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 22007859.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for earlier effective dates for his service-connected left shoulder tendonitis, right shoulder tendonitis, left knee tendonitis, and right elbow tendinitis (impairment of supination and pronation) have been denied.,The Veteran's claim for an earlier effective date for his service-connected right elbow tendinitis (limitation of flexion) has also been denied.
- Granted
The Veteran's appeal for an initial rating in excess of 40 percent for Raynaud's Phenomena of the right upper extremity and entitlement to TDIU is granted. The AOJ must correct duty to assist errors that occurred prior to the rating decisions on appeal by obtaining relevant outstanding treatment records.
- Remanded (sent back)
The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of left arm radiculopathy and therefore, service connection for this condition is denied.
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