The Board dismissed the appeals regarding reductions in ratings for various lower extremity and right knee conditions, finding that the evidence did not support a reduction or restoration of ratings.
The deciding factor: The Board found no improvement in the Veteran's service-connected conditions as evidenced by her daily reports of instability and continued use of a cane. The VA examination results showing transient improvements were deemed less probative than the Veteran's credible lay statements regarding her ongoing knee instability.
- Claimed conditions
- left lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (sciatic nerve), right lower extremity radiculopathy (femoral nerve), right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 1, 2024
- Citation
- A24042953
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 A24042953.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate VA examinations and a pre-decisional duty to assist error. Additional development is needed for service connection of carpal tunnel syndrome, increased ratings for lower extremity radiculopathies, and obtaining a VA TERA opinion.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Denied
The Veteran's claims for effective dates prior to April 17, 2019, for the grants of service connection for right knee instability, right knee tendonitis, and right femur fracture are denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee instability associated with degenerative arthritis is denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee limitation of motion associated with tendonitis with degenerative arthritis is denied.
- Granted
The Veteran's lumbosacral strain with IVDS and associated radiculopathies of the left and right lower extremities are granted at a 40 percent rating prior to December 27, 2023, and denied for ratings in excess of this level from that date.
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