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Dismissed

The Veteran's claims for earlier effective dates for radiculopathy affecting his left and right lower extremities have been dismissed as the issues are no longer live due to finality of prior decisions.,The claim for an earlier effective date for radiculopathy affecting the femoral nerve of the left lower extremity has been dismissed because it is a freestanding claim over which the Board has no jurisdiction.,The claim for an earlier effective date for radiculopathy affecting the sciatic nerve of the right lower extremity has been dismissed as a freestanding claim over which the Board has no jurisdiction.,The claim for an earlier effective date for radiculopathy affecting the femoral nerve of the right lower extremity based on CUE has not met the criteria to be granted.

The deciding factor: The issues presented are no longer 'live' due to finality of prior decisions.,Freestanding claims over which the Board has no jurisdiction have been dismissed.,No evidence or argument was provided to show that an earlier effective date is warranted based on CUE.,There is no clear and unmistakable error in the rating decisions.

Claimed conditions
Radiculopathy affecting the sciatic nerve of the left lower extremity, Radiculopathy affecting the femoral nerve of the left lower extremity, Radiculopathy affecting the sciatic nerve of the right lower extremity, Radiculopathy affecting the femoral nerve of the right lower extremity
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
October 27, 2022
Citation
A22021675

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 A22021675.

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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.

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