The appeal seeking revision or reversal of the October 10, 2013, rating decision that denied entitlement to an initial disability rating in excess of 10 percent for radiculopathy of the left lower extremity is dismissed. The appeals seeking revision of the October 10, 2013, rating decision that denied entitlement to an initial disability rating in excess of 10 percent for right and left shoulder tendonitis are also denied.
The deciding factor: The allegations of clear and unmistakable error (CUE) were found not to be undebatable and did not manifestly change the outcome of the prior decisions, as they had been previously considered and denied in a January 18, 2018, rating decision.
- Claimed conditions
- Radiculopathy of the left lower extremity, Right shoulder tendonitis, Left shoulder tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2025
- Citation
- A25029364
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
- Granted
The Board granted service connection for a low back disorder, radiculopathy of the left lower extremity on a secondary basis, and radiculopathy of the right lower extremity on a secondary basis.
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