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
Veterans Law Judge
Decisions by this judge: 1,963 · Granted: 32% (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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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