Dismissed
The appeal for ratings in excess of 40 percent and 20 percent for the veteran's back disability and bilateral lower extremity radiculopathy was dismissed due to improper filing of an appeal.
The deciding factor: The March 2024 VA Form 10182 did not properly identify the Board decision being appealed, thus it was dismissed under Encarnacion v. McDonough, 36 Vet. App. 194 (2023).
- Claimed conditions
- status/post L5-S1 hemilaminectomy and discectomy chronic lower back pain with degenerative disc disease (DDD), radiculopathy, left lower extremity (LLE), radiculopathy, right lower extremity (RLE)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2025
- Citation
- A25085581
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