The Board dismissed the appeals for earlier effective dates for service connection of back disability, left and right lower extremity radiculopathy, and lumbar spine surgical scar as they were not final decisions.
The deciding factor: The December 2022 HLR decision was not a final appealable decision due to its identification of a duty to assist error.
- Claimed conditions
- Degenerative arthritis with degenerative disc disease, discectomy, three disc laminectomy (back disability), Left lower extremity (LLE) radiculopathy, Right lower extremity (RLE) radiculopathy, Lumbar spine surgical scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2024
- Citation
- A24077502
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 A24077502.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's initial and subsequent claims for increased ratings for his back condition, LLE radiculopathy, and RLE radiculopathy have been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent from March 12, 2014, to October 28, 2019.
- Dismissed
The Board dismissed the appeals pertaining to effective dates for increased ratings of chronic lumbar strain and LLE radiculopathy, finding that the Veteran did not properly opt into the AMA system.
- Granted
The Veteran's service-connected disabilities, including degenerative disc disease and lower extremity radiculopathy, rendered him unable to secure or follow a substantially gainful occupation from August 1, 2013 to November 23, 2014. The Board granted TDIU for this period.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
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