The appeal for service connection of the Veteran's back/lumbar spine disability, neck/cervical spine disability, migraine headaches, urinary frequency, and TMJ/TMD has been dismissed. The appeal for service connection of depression is remanded.
The deciding factor: VA failed to obtain a VA examination or medical opinion prior to issuing the April 2024 rating decision on the Veteran's claim for service connection of depression.
- Claimed conditions
- Degenerative disc disease of the lower back with lumbosacral spondylosis and arthralgia of the lumbar spine, Cervical spine disability, Migraine headaches, Urinary frequency, Temporomandibular joint/disorder (TMJ/TMD), Hydronephrosis due to the service-connected nephrolithiasis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2026
- Citation
- A26005743
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A26005743.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
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