The Veteran's claim for an earlier effective date for cervical strain is dismissed.,The Veteran's claim for an earlier effective date for radiculopathy of the right upper extremity is dismissed.,The Veteran's claim for an earlier effective date for radiculopathy of the left upper extremity is dismissed.,The Veteran's claim for an earlier effective date for migraine and migraine variants is dismissed.,The Veteran's claim for an earlier effective date for MDD is dismissed.
The deciding factor: There was no justiciable case or controversy regarding the earlier effective dates as they have already been granted by the AOJ in January 2021.
- Claimed conditions
- cervical strain, radiculopathy, right upper extremity, radiculopathy, left upper extremity, migraine including migraine variants, major depressive disorder (MDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 9, 2024
- Citation
- A24054035
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 A24054035.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for migraine headaches and cervical strain due to a duty to assist error. The AOJ failed to obtain VA medical opinions addressing the etiology of these disabilities.
- Denied
The Board denied an earlier effective date for service connection of chronic neck pain and cervical strain, finding that the Veteran did not file a claim for these conditions until June 28, 2013.
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