The appeals for service connection for cervical spine DDD and left upper extremity radiculopathy were dismissed as they have been rendered legally moot by the grants of service connection allowed in a March 2020 rating decision. The issue of service connection for insomnia is remanded for further development.
The deciding factor: The issues of service connection for cervical spine DDD and left upper extremity radiculopathy were dismissed because they have been rendered moot by the March 2020 grants of service connection, leaving only the issue of insomnia which requires further medical evidence to determine its etiology.
- Claimed conditions
- cervical spine degenerative disc disease (DDD), left upper extremity radiculopathy, insomnia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2024
- Citation
- 24004766
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Granted
The Board granted an initial rating of 50 percent for right upper extremity radiculopathy and 40 percent for left upper extremity radiculopathy.
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