The appeals for proposed reductions in the evaluations of sinusitis, degenerative arthritis of the spine with intervertebral disc syndrome, and left lower extremity radiculopathy were dismissed as there was no question of law or fact on appeal.
The deciding factor: The June 2021 rating decision only proposed to reduce the evaluations, which did not provide proper notification that it was appealable, thus the appeals were dismissed.
- Claimed conditions
- Sinusitis, Degenerative arthritis of the spine with intervertebral disc syndrome, IVDS, Left lower extremity radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2025
- Citation
- A25040588
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
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