The Veteran's appeal for an earlier effective date for the awards of service connection and TDIU was dismissed due to a final Board decision in December 2021.
The deciding factor: The claims were dismissed because they are duplicative of a claim that was finally adjudicated by the Board, and only one review of the same claim is permitted.
- Claimed conditions
- right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve, degenerative lumbar spine with intervertebral disc syndrome (IVDS), spinal stenosis, disc protrusion, and lumbosacral strain, right knee prepatellar bursitis, right lower extremity radiculopathy of the femoral nerve, left lower extremity radiculopathy of the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2025
- Citation
- A25042128
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal for an earlier effective date for service connection for right lower extremity radiculopathy of the sciatic nerve, as August 21, 2023, is the earliest possible effective date based on VA receiving the claim.
- Partly granted
The Board granted service connection for obstructive sleep apnea and voiding dysfunction as residuals of a stroke, and granted initial ratings for the back disability, left shoulder disability, and left lower extremity radiculopathy. The claims for earlier effective dates for hypertension and stroke were denied.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Partly granted
The Board restored the 60% rating for degenerative arthritis and IVDS of the lumbar spine, status post fusion, with stenosis and spondylolisthesis. The claims for increased ratings for bilateral lower extremity radiculopathies were denied.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.