The appeals for increased disability ratings for the back and related neurological issues (e.g. radiculopathy of the lower extremities) have been withdrawn and are dismissed.,The appeal for entitlement to a disability rating exceeding 10 percent for radiculopathy of the right lower extremity has been withdrawn and is dismissed.,The appeal for entitlement to a disability rating exceeding 10 percent for radiculopathy of the left lower extremity has been withdrawn and is dismissed.,Entitlement to a disability rating of 50 percent (but no higher) for migraine headaches is granted.,New and material evidence having been received, the petition to reopen a previously denied claim of entitlement to service connection for a left knee disability is granted.
The deciding factor: The appellant's representative withdrew the appeals for increased disability ratings for the back and related neurological issues (e.g. radiculopathy of the lower extremities).,The evidence does not support an increase in rating for radiculopathy of the right lower extremity.,The evidence does not support an increase in rating for radiculopathy of the left lower extremity.,The appellant's disability picture for migraine headaches more nearly approximates migraines with very frequent, completely prostrating, and prolonged attacks, productive of severe economic inadaptability during the entire period on appeal.,Evidence received since February 2007 relates to unestablished facts necessary to substantiate the claim of service connection for a left knee disability.
- Claimed conditions
- back disability, left knee disability, migraines, rheumatoid arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2023
- Citation
- 23047479
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 23047479.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Veteran's rheumatoid arthritis disability rating is being remanded for additional development due to significant weight loss and anemia.
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.