The Veteran's claims to establish service connection for radiculopathy of the right and left lower extremities have been dismissed.,Service connection has been granted for right knee disabilities, diagnosed as osteoarthritis and a right knee strain. The issue of instability of the left knee is remanded for further adjudication.,The Veteran's appeal to establish service connection for left knee instability is being remanded.
The deciding factor: The appeal to establish service connection for radiculopathy of the right and left lower extremities has been abrogated, leaving no question of law or fact in controversy.,The most persuasive evidence weighs in favor of finding that the Veteran's right knee disabilities are related to his active service. The Board finds that the Veteran's right knee disabilities were incurred during active duty.,The RO's formal finding regarding the etiology of the Veteran's left knee instability is contrary to the concurrent denial of the Veteran's service connection claim, and consideration must be given to the propriety of a compensable evaluation for recurrent subluxation or instability of a knee with a service-connected disability under Diagnostic Code 5257.
- Claimed conditions
- raticulopathy of bilateral lower extremities, right knee osteoarthritis, right knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2023
- Citation
- A23036295
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 A23036295.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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)
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- Remanded (sent back)
The Veteran's claims for service connection for left knee strain, right knee strain, shin splints of the right leg, and shin splints of the left leg are being remanded due to a failure to obtain VA examinations and medical nexus opinions.
- Dismissed
The Board dismissed the Veteran's appeal for service connection of a right ankle disorder.,The Board denied the Veteran's request for an earlier effective date for his service connection for gastroenteritis, lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left ankle lateral collateral ligament strain, right knee strain and hemorrhoids. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a lumbosacral strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of left lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a left ankle lateral collateral ligament strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right knee strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of hemorrhoids. The earliest effective date is December 5, 2018.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for bilateral hearing loss and left knee strain, and remanded the right knee strain claim.
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