The appeal as to entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine with right hand radiculopathy is dismissed. The Veteran's TDIU and DEA benefits are granted from December 25, 2006 to May 1, 2012.
The deciding factor: The Board found that the issue of a higher initial rating for degenerative arthritis of the cervical spine with right hand radiculopathy had been abandoned due to an April 2017 Memorandum Decision. The July 2021 decision granted service connection for right upper extremity radiculopathy and assigned a separate 20 percent rating, resolving the issue.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Migraine headaches, Lumbar spine degenerative arthritis, Cervical spine degenerative arthritis with right hand radiculopathy, Left ankle lateral collateral ligament sprain, Left hip strain (limitation of flexion), Right knee strain, Left hip sprain (limitation of flexion), Right hip osteoarthritis with hip strain (limitation of flexion), Left knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 7, 2024
- Citation
- A24044649
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 A24044649.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claim for service connection of a right knee disability, finding that there was no nexus between his current condition and active duty service.
- Granted
The Board has granted service connection for cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.