The Board has dismissed the appeals for increased ratings greater than 30 percent for each knee on and after May 6, 2021. The remaining issues of increased ratings for lumbar spine degenerative arthritis with a lumbar strain, status post anterior fusion; initial rating greater than 20 percent for RIGHT lower extremity radiculopathy prior to December 10, 2019 and on and after December 10, 2019; and temporary total rating under the provisions of 38 C.F.R. § 4.30 following lumbar spine surgeries have been remanded for further development.
The deciding factor: The Veteran withdrew his appeal for increased ratings greater than 30 percent for each knee on and after May 6, 2021.
- Claimed conditions
- RIGHT knee degenerative joint disease (DJD) with patellofemoral pain syndrome, LEFT knee patellofemoral pain syndrome, lumbar spine degenerative arthritis with a lumbar strain, status post anterior fusion, RIGHT lower extremity radiculopathy, LEFT lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 17, 2022
- Citation
- 22035435
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 22035435.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's service connection claims for various conditions have been granted, including lumbar spine DDD, cervical spine disorder, LEFT shoulder disorder, bilateral ankle disorders, and basal cell carcinoma of the skin. Secondary service connection has also been established for radiculopathy in both lower extremities.
- Granted
The Board has granted service connection for cervical spine DDD and DJD, RIGHT upper extremity radiculopathy, LUMBAR spine DDD and DJD, RIGHT lower extremity radiculopathy, and LEFT lower extremity radiculopathy. Service connection was denied for prediabetes/hyperglycemia, obstructive sleep apnea, a LEFT heel disorder (also claimed as 'bursitis hindfoot'), and a RIGHT eye disability.
- Granted
The Veteran's disability rating for RIGHT lower extremity radiculopathy was reduced from 10 percent to 0 percent, effective July 29, 2019. The reduction was not proper as the evidence did not show an actual improvement in his ability to function.,Effective March 30, 2018, the Veteran's combination of service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Granted
The Veteran is granted annual VA clothing allowances for the year 2017 due to use of his bilateral knee braces, which tend to wear out his pants.
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