The appeal for service connection for traumatic brain injury (TBI) was granted, while the appeals for radicular pain and paresthesia of both lower extremities were dismissed as moot.
The deciding factor: The decision to grant TBI service connection was based on a credible lay statement and medical evidence supporting a positive nexus between in-service injuries and the current diagnosis. The claims for radiculopathy were dismissed because they were resolved by an August 2022 rating decision that granted service connection.
- Claimed conditions
- radicular pain and paresthesia of left lower extremity, radicular pain and paresthesia of right lower extremity, traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2025
- Citation
- A25047506
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Denied
The Board denied service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Remanded (sent back)
The Board remands the service connection claim for a traumatic brain injury to ensure that VA's duty to assist is followed and that the Veteran is afforded every possible consideration.
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