The appeal for increased ratings in excess of 20 percent, 10 percent, and 10 percent for back disability and bilateral lower extremity radiculopathy has been dismissed due to the October 2022 rating decision not being a final, appealable decision.
The deciding factor: The October 2022 rating decision deferred adjudication of the claims for increased ratings for back disability and bilateral lower extremity radiculopathy and did not constitute a final, appealable decision as to those matters.
- Claimed conditions
- lumbosacral degenerative joint and disc disease with intervertebral disc syndrome (back disability), left lower extremity (LLE) radiculopathy, right lower extremity (RLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2024
- Citation
- A24069068
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24069068.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeals for earlier effective dates and increased ratings were dismissed as the appeal requests were not timely filed.
- Dismissed
The Veteran withdrew his appeal, so the Board dismissed it.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection have been dismissed due to his withdrawal of the appeal.
- Granted
The Board granted the Veteran's claim for increased ratings for his service-connected chronic lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy in a May 2024 rating decision. The appellant is eligible to attorney fees based on past-due benefits awarded as a result of this decision.
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