The appeals for a rating in excess of 20 percent for left lower extremity femoral nerve radiculopathy and prior to January 30, 2021, for left lower extremity sciatic nerve radiculopathy are dismissed.,The appeal for a TDIU prior to January 30, 2021 is granted. The appeals for an effective date prior to January 30, 2021 for right upper extremity radiculopathy and a rating in excess of 40 percent on and after January 30, 2021 for left lower extremity sciatic nerve radiculopathy are remanded.
The deciding factor: The Veteran withdrew the appeals for a rating in excess of 20 percent for left lower extremity femoral nerve radiculopathy and prior to January 30, 2021, for left lower extremity sciatic nerve radiculopathy at his June 2022 Board hearing.
- Claimed conditions
- left lower extremity femoral nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, cervical spine interverbal disc syndrome with spinal stenosis, spondylolisthesis, and fusion residuals, right upper extremity radiculopathy, left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2022
- Citation
- A22025738
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 A22025738.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- 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.
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