The Board dismissed the appeals for increased ratings of various spinal conditions and radiculopathies as untimely, given that a supplemental claim was filed while another review request was still pending.
The deciding factor: The appeal was dismissed because it was filed while another review request was concurrently pending, in violation of VA regulations.
- Claimed conditions
- lumbar spinal stenosis with intervertebral disc syndrome, lumbar spinal radiculopathy, right lower extremity, lumbar spinal radiculopathy, left lower extremity, cervical spine strain with intervertebral disc syndrome, cervical spinal radiculopathy, right upper extremity, cervical spinal radiculopathy, left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- A23033683
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 A23033683.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another person due to service-connected disabilities other than traumatic brain injury (TBI) with posttraumatic stress disorder (PTSD).
- Dismissed
The Veteran withdrew his appeals for the claims of cervical spine strain with intervertebral disc syndrome, lumbosacral strain with degenerative arthritis, and right shoulder impingement syndrome with arthritis.
- Dismissed
The Board has dismissed all the claims as the Veteran withdrew his appeal prior to a decision being made.
- 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.
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