The Board dismissed the claim for service connection of right leg radiculopathy as secondary to lumbar strain. A TDIU rating was granted from May 1, 2021. Increased ratings were granted for depressive disorder and lower extremity radiculopathies.
The deciding factor: The Veteran withdrew his appeal regarding the issue of service connection for right leg radiculopathy as secondary to lumbar strain during a hearing before the Board. The TDIU claim was granted based on the Veteran's inability to secure or follow a substantially gainful occupation due to multiple service-connected disabilities, including severe back and knee pain.
- Claimed conditions
- right leg radiculopathy, lumbar strain, depressive disorder, right knee patellofemoral syndrome, left knee patellofemoral syndrome, right knee instability, left knee instability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 8, 2022
- Citation
- 22062505
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 22062505.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for service connection of a left knee disability, finding that it is not proximately due to or aggravated by his service-connected back and sciatica disabilities. The evidence did not support a nexus between the Veteran's current condition and his 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 Veteran's vascular headaches are granted effective August 22, 2011. A TDIU is granted effective February 11, 2015. SMC based on housebound criteria is denied prior to July 14, 2020.
- Granted
The Board has restored the Veteran's 100% rating for depressive disorder, effective August 1, 2020, as the reduction was improper and did not comply with applicable regulations.
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