The Board dismissed the appeal for an initial rating in excess of 20 percent for radiculopathy, right upper extremity (upper radicular group C5-6) associated with degenerative arthritis of the cervical spine and cervical spondylosis with herniated disc at C2-3. The issue of service connection for a migraine headache disorder was remanded.
The deciding factor: The Veteran withdrew her appeal regarding the initial rating for radiculopathy, right upper extremity (upper radicular group C5-6).
- Claimed conditions
- radiculopathy, right upper extremity (upper radicular group C5-6), migraine headache disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2023
- Citation
- 23010283
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 23010283.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal for service connection on multiple conditions has been dismissed due to his death during the pendency of the appeal.
- Remanded (sent back)
The Veteran's appeal is remanded due to a duty-to-assist error regarding the severity of her migraine headache disorder, specifically without considering the ameliorative effects of medications from previous VA examinations.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error in obtaining missing service treatment records. The AOJ is instructed to attempt to obtain these records and conduct any necessary development, including VA examinations.
- Dismissed
The Veteran's appeals for increased ratings in multiple conditions have been dismissed due to her withdrawal of the appeal.
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