The appeal for a rating in excess of 40 percent for lumbar spine degenerative disc disease, apophysitis, and right L2 3 laminoforaminotomy and partial facetectomy residuals was dismissed due to improper docketing.
The deciding factor: The October 2022 VA Form 10182 was unclear and improperly docketed under the Appeals Modernization Act due to a procedural defect.
- Claimed conditions
- lumbar spine degenerative disc disease, apophysitis, and right L2 3 laminoforaminotomy and partial facetectomy residuals
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- A24070986
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Partly granted
The Board denied a compensable evaluation for hypertension and granted an increased rating of 20 percent for lumbar spine degenerative disc disease from April 13, 2022. The effective date for the right lower extremity radiculopathy was also granted as May 10, 2016.
- Denied
The Board denied the Veteran's claim for an effective date prior to September 20, 2018, for the award of service connection for lumbar spine degenerative disc disease.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining a retrospective medical opinion regarding the severity of the Veteran's service-connected conditions without the use of pain medication and securing the credentials of the VA examiners.
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