The Veteran's appeal for an initial evaluation in excess of 10 percent for service-connected lumbar radiculopathy of the right lower extremity is dismissed.,The Veteran's appeal for an initial evaluation in excess of 20 percent for a service-connected left leg disability with scarring is dismissed.,The Veteran's appeal for an initial evaluation in excess of 10 percent for residuals of an in-service traumatic brain injury (TBI) is remanded.,The Veteran's appeal for service connection for erectile dysfunction, to include as secondary to one or more service-connected disabilities and/or the medications prescribed for treatment of such, is remanded.
The deciding factor: The Veteran withdrew his appealed issues seeking increased initial evaluations for service-connected lumbar radiculopathy of the right lower extremity and a left leg disability with scarring.,Due to an administrative error, the Veteran participated in a second Board hearing involving these appealed issues. The AOJ readjudicated the issue in a June 2022 rating decision, which increased the initial evaluation for this service-connected disability from 10 percent to 20 percent, effective from March 3, 2022.,The Veteran's appeal of an initial evaluation in excess of 10 percent for residuals of an in-service traumatic brain injury (TBI) remains pending as a result of the VA examination conducted five years ago. The Veteran testified that his symptoms have worsened since then and requested a new examination to determine current frequency, severity, and duration of symptoms.,The Veteran asserts that he began experiencing symptoms of erectile dysfunction during active duty, shortly after returning from Afghanistan. He avers that this disability is caused or aggravated by one or more service-connected disabilities and/or the medications prescribed for treatment of such.
- Claimed conditions
- lumbar radiculopathy of the right lower extremity, left leg disability with scarring, residuals of an in-service traumatic brain injury (TBI), erectile dysfunction
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2022
- Citation
- 22065130
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 22065130.
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.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Granted
The Board has granted service connection for prostate cancer, coronary artery disease (CAD), diabetes mellitus type II (DM II), hypertension, and erectile dysfunction as secondary to service-connected DM II. The Veteran's exposure to Agent Orange during active service is presumed.
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