The Veteran's appeals for increased ratings of his cervical spine disability and bilateral upper extremity radiculopathies have been withdrawn. The claims for hypertension, low back disability (lumbar degenerative arthritis), right lower extremity radiculopathy, left lower extremity radiculopathy, left knee disability, and respiratory condition have all been granted.,The Veteran's service connection claims for right shoulder condition, right knee condition, left foot plantar fasciitis, and left shoulder disability are being remanded. The claim for TDIU is also being remanded.,The Veteran's GERD has been granted an initial rating of 10 percent, but no higher. His PTSD claim remains denied.
The deciding factor: The Veteran withdrew his appeals regarding the restoration of a 40 percent rating for a cervical spine disability and increased ratings of bilateral upper extremity radiculopathies.,Service connection was granted for hypertension based on exposure to tactical herbicides. Service connection was also granted for low back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, left knee disability, and respiratory condition due to the Veteran's service in Vietnam.,The VA examiner concluded that the Veteran's back disability, including his degenerative osteoarthritis, could be the cause of his bilateral lower extremity radiculopathy. The claim for right shoulder condition, right knee condition, left foot plantar fasciitis, and left shoulder disability is being remanded.,The Veteran's GERD has been granted an initial rating of 10 percent based on symptoms such as pyrosis and regurgitation. His PTSD claim remains denied.
- Claimed conditions
- cervical spine disability, left upper extremity radiculopathy, right upper extremity radiculopathy, low back disability (lumbar degenerative arthritis), right lower extremity radiculopathy, left lower extremity radiculopathy, left knee disability (including arthritis), respiratory condition (difficulty breathing and shortness of breath)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2022
- Citation
- A22021232
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 A22021232.
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 Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
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