The Board has dismissed the claim for service connection for an upper back disability as it is already granted. The cervical spine disability and TDIU claims are remanded.
The deciding factor: The Board found that the Veteran's upper back disability was already in effect, thus dismissing the appeal.
- Claimed conditions
- upper back / thoracic spine, cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 26, 2023
- Citation
- 23067535
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 23067535.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal for neck pain pinched nerve severe arthritis cervical spine is dismissed as a matter of law. Service connection and increased ratings are granted for major depression, mental disorder anxiety and PTSD, carpal tunnel syndrome (both wrists), and migraine including migraine variants.
- Dismissed
The Veteran's appeals for higher disability ratings and service connection were withdrawn, and the appeal concerning a deferred evaluation for left ear hearing loss was dismissed due to a claims-processing error.
- Dismissed
Your appeal for service connection on multiple conditions has been dismissed due to the Veteran's death during the pendency of your appeal.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance due to his dementia, which is not service-connected.
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