The Board has dismissed the claim for service connection for radiculopathy of the bilateral lower extremities as it was granted in a December 2022 rating decision. The restoration of the 40 percent disability rating for degenerative disc disease and arthritis of the lumbar spine is granted, but the reduction to 20 percent from July 1, 2020, is remanded due to an inadequate VA examination.
The deciding factor: The radiculopathy claim was granted in a December 2022 rating decision, rendering it moot. The reduction of the lumbar spine disability rating was based on an inadequate VA examination and thus void ab initio.
- Claimed conditions
- radiculopathy of the bilateral lower extremities, degenerative disc disease and arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 8, 2024
- Citation
- A24023908
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 A24023908.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for service connection for spinal stenosis of the back with degenerative arthritis, to include associated radiculopathy of the bilateral lower extremities. The evidence supports a finding that these conditions are related to the Veteran's military service.
- Dismissed
The Veteran withdrew his appeal for readjudication of the claim for service connection for radiculopathy of the bilateral lower extremities.
- Granted
The Board has granted service connection for a back disability, lower back scar, and radiculopathy of the bilateral lower extremities. Service connection for a bilateral shoulder disability is denied.
- Dismissed
The appeal was dismissed because the veteran died while it was pending. The decision does not affect the right of an eligible person to continue the appeal.
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