The appeal for a rating in excess of 30 percent for cervical spine disability and RUE radiculopathy was withdrawn, resulting in the dismissal of these claims. The Board granted special monthly compensation based on the need for regular aid and attendance.
The deciding factor: The Veteran withdrew his appeals, thus they were dismissed. The Board found that from November 17, 2011, to April 1, 2024, a rating in excess of 30 percent was not warranted for RUE radiculopathy.
- Claimed conditions
- Cervical spine disability, Right upper extremity (RUE) radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2025
- Citation
- 25008881
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board denied service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
- Denied
The Board denied service connection for left and right upper extremity radiculopathy, finding that there was no evidence linking these conditions to the Veteran's period of military service or his service-connected low back disability.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.