The appeal on the issue of whether January 7, 2021, rating decision, which granted service connection for radiculopathy of the left upper extremity effective January 29, 2020, is the product of clear and unmistakable error (CUE) is dismissed.
The deciding factor: The January 7, 2021, rating decision, which granted service connection for radiculopathy of the left upper extremity effective January 29, 2020, is not final; this renders the Veteran's CUE motion moot.
- Claimed conditions
- radiculopathy of the left upper extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 8, 2025
- Citation
- A25041885
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the Veteran's claim for eligibility for assistance in acquiring specially adapted housing or special home adaptation grant as he does not have a permanent and total service-connected disability that meets the criteria.
- Partly granted
The Board granted service connection for cervical strain with degenerative arthritis and IVDS, radiculopathy of the left and right upper extremities, but denied service connection for left knee strain with shin splints, thoracolumbar strain with IVDS, left shoulder disability to include shoulder strain with impingement syndrome and rotator cuff tendonitis, right shoulder disability to include shoulder strain with impingement syndrome and rotator cuff tendonitis with calcific tendinitis, and tinnitus.
- Granted
The Board granted service connection for a cervical spine disability, radiculopathy of the left upper extremity, low back disability, and radiculopathy of both lower extremities as secondary to the low back disability.
- Denied
The Board denied service connection for fatigue, traumatic brain injury (TBI), gastroesophageal reflux disease (GERD), left wrist disability, cervical spine disability, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity as there was no evidence to support a current diagnosis or that these conditions were related to service.
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