The Veteran's claims for increased ratings for bilateral lower extremity radiculopathy were dismissed as the Veteran withdrew his appeal prior to issuance of decisions.
The deciding factor: The Veteran withdrew his Legacy appeal and elected to opt-in to the modernized review system under the Appeals Modernization Act (AMA).
- Claimed conditions
- raviculopathy of the right lower extremity, raviculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2022
- Citation
- 22067872
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 22067872.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's radiculopathy of the right and left lower extremities are being remanded for further evaluation as his claims have increased in severity since the last examination.
- Remanded (sent back)
The Board has not yet resolved the earlier effective date claims for radiculopathy of both lower extremities and is remanding these matters due to incomplete compliance with previous directives. The CUE claim regarding service connection for radiculopathy of both lower extremities remains pending.
- Dismissed
Your appeals for increased ratings have been dismissed as the Board has already issued a decision on these issues in August 2020.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for intervertebral disc syndrome and radiculopathy of the right lower extremity due to new evidence indicating a worsening of his conditions. The Veteran is requested to provide calendars reflecting work days missed due to service-connected disabilities, and he should undergo VA examinations to assess the current severity of his IVDS and radiculopathy.
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