The Board dismissed the appeals for severance of service connection and denied a higher rating for right lower extremity radiculopathy due to insufficient evidence.
The deciding factor: The Veteran's notice of disagreement was premature as the AOJ had not issued a final decision on the severance proposals, and the evidence did not support a disability rating in excess of 20 percent for the sciatic nerve condition.
- Claimed conditions
- moderate, incomplete paralysis of the anterior tibial (deep peroneal) nerve of the left side, moderate, incomplete paralysis of the posterior tibial nerve of the left side, moderate, incomplete paralysis of the anterior tibial (deep peroneal) nerve of the right side, moderate, incomplete paralysis of the posterior tibial nerve of the right side, right lower extremity radiculopathy of the sciatic nerve, to include neurogenic claudication with foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 1, 2025
- Citation
- A25056805
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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.
- Partly granted
The Board denied earlier effective dates for service connection and denied increased ratings, but granted service connection with an effective date of January 16, 2018, and a TDIU beginning April 18, 2017.
- Dismissed
The appeals for service connection for a cervical spine disorder, lumbar spinal stenosis, and psychiatric disorders were dismissed due to untimely notice of disagreement. The proposed rating reductions for lower extremity radiculopathy were also dismissed.
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