The Board has dismissed the appeals for increased ratings for degenerative joint disease of the lumbar spine and right leg radiculopathy due to the Veteran's death.
The deciding factor: The Veteran died during the pendency of his appeal, rendering the claims moot.
- Claimed conditions
- degenerative joint disease (DJD) of the thoracolumbar (lumbar) spine, L4-5, L5-S1, right leg radiculopathy, sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 6, 2023
- Citation
- 23048757
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. Read the original VA decision (opens in a new tab) using citation 23048757.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board granted ratings of 20 percent for the Veteran's left and right leg radiculopathies, sciatic nerve, effective June 18, 2020.
- Whole decision: Remanded (sent back)
The Board remands the claims for further development, including verification of service records and obtaining additional medical opinions.
- Whole decision: Remanded (sent back)
The Veteran's appeal for service connection for right ear hearing loss has been dismissed due to his withdrawal. The Board has also remanded several other claims for further development and consideration.
- Whole decision: Partly granted
The Veteran's service-connected radiculopathy of bilateral sciatic nerves, femoral nerve involvement, obturator nerve, external cutaneous nerve, ilio-inguinal nerve, common peroneal nerve, superficial peroneal nerve, anterior tibial nerve, interior and posterior tibial nerves, and internal saphenous nerve have been rated based on the severity of their incomplete paralysis. The Veteran's claims for increased ratings are denied.
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