The Board's decision has been vacated due to procedural error, and the appeal is dismissed as a result.
The deciding factor: The Veteran withdrew his direct review request for the issues before the Board, creating an improper concurrent review election which violated the Appeals Modernization Act (AMA).
- Claimed conditions
- degenerative arthritis of the thoracolumbar spine, radiculopathy, left lower extremity (femoral nerve), radiculopathy, right lower extremity (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2024
- Citation
- A24052579
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 A24052579.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Granted
The Veteran's back disability (degenerative arthritis of the thoracolumbar spine) is granted as service connected.,The Veteran's bilateral lower extremity radiculopathies (RLE and LLE sciatic radiculopathy) are granted as secondary to her back disability.,The Veteran's chronic sinusitis is remanded due to a lack of verification of the TERA exposure.
- Remanded (sent back)
The Veteran's appeal involves multiple issues, including service connection for various conditions. The Board has remanded several of these claims due to new evidence received after the September 2023 rating decision.
- Granted
The Veteran's claim for service connection for a back disability, right and left lower extremity radiculopathy is granted. The Board found that the Veteran's current disabilities are due to his service-connected back disability.
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