The Veteran's appeals for increased ratings for spondylolisthesis with osteoarthritis and left leg radiculopathy have been dismissed due to the submission of a VA Form 10182 opting into the Appeals Modernization Act (AMA) from September 2023 and November 2023 rating decisions.
The deciding factor: The Veteran submitted a VA Form 10182 opting increased rating issues for spondylolisthesis with osteoarthritis and left leg radiculopathy into the AMA from September 2023 and November 2023 rating decisions, which lacks jurisdiction to review these matters under the legacy appeal system.
- Claimed conditions
- spondylolisthesis with osteoarthritis, left leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2024
- Citation
- 24005330
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 24005330.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has granted the restoration of entitlement to total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA), effective May 1, 2020. The decision was made due to procedural errors in the previous termination decisions.
- Denied
The Board has denied the Veteran's claims for service connection for lower back condition, left leg radiculopathy, and right leg radiculopathy as secondary to a lower back condition. The evidence did not support a finding that these conditions were incurred in or caused by military service.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on the need for regular aid and attendance or at the housebound rate due to his inability to dress, undress himself, keep himself clean and presentable, require frequent adjustment of prosthetic appliances, feed himself, attend to the wants of nature, or have an incapacity requiring assistance from others.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error in obtaining an adequate opinion regarding whether the Veteran's lumbar spine disability is related to service. The case will be returned for further action.
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