The Veteran's appeal for earlier effective dates for increased ratings of his service-connected cervical spine and right upper extremity radiculopathy disabilities is dismissed.,The Veteran's claim for basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 is granted with an effective date of July 8, 2019.
The deciding factor: The earlier effective dates appeals were dismissed as the Veteran did not receive proper notice of the May 2016 denial letter and thus did not have a year to file a NOD.,The effective date for DEA benefits is established from January 2, 2018, when the TDIU was granted.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine with intervertebral disc syndrome (IVDS), Left upper extremity radiculopathy (major), Right upper extremity radiculopathy (minor)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 24, 2023
- Citation
- A23029389
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 A23029389.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 DDD of the cervical spine with IVDS of circumflex nerve status-post discectomy C5-6 is rated at 20 percent effective from June 29, 2011. The Veteran's peripheral neuropathy right upper extremity associated with DDD of the cervical spine with IVDS of circumflex nerve status-post discectomy C5-6 was also granted a separate compensable rating.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.