The appeal as to the timeliness of the January 2020 VA Form 9 is dismissed due to new and material evidence being submitted within one year of notification.
The deciding factor: The submission of new and material evidence within one year rendered the initial denial non-final, making the issue of the timeliness of the VA Form 9 moot.
- Claimed conditions
- left lower extremity radiculopathy involving the sciatic nerve, cervical sprain with degenerative arthritis, thoracolumbar sprain with muscle spasms with degenerative arthritis and spondylosis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2024
- Citation
- A24068686
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted an initial disability rating of 20 percent for lumbosacral strain, but denied earlier effective dates for the right and left lower extremity radiculopathy involving the sciatic nerve.
- Denied
The Board denied the claims for a higher rating and TDIU, finding that the evidence did not support symptoms greater than moderate incomplete paralysis of the sciatic nerve.
- Remanded (sent back)
The claims for increased ratings for various radiculopathies in the lower extremities are remanded due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for higher initial disability ratings for left lower extremity radiculopathy involving the sciatic, femoral, and external cutaneous nerves to obtain a medical opinion regarding the ameliorative effects of prescribed medications on the Veteran's symptoms.
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