The Veteran's appeals for a Total Disability Rating Based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA) prior to February 11, 2021 are dismissed as the issues remain pending in the Legacy system.
The deciding factor: The June 2021 rating decision was issued under the Legacy system, which is not subject to the AMA system after its effective date. The May 2022 VA Form 10182 NOD cannot serve as an election into the AMA system due to it being filed in response to a notice of disagreement rather than a supplemental statement of the case.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Left shoulder strain, Radiculopathy of the right upper extremity, Surgical scars status post cervical laminectomy, Surgical scar of the left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2026
- Citation
- A26014498
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 A26014498.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's cervical spine disability and radiculopathy of both upper extremities have been granted increased ratings, with the left upper extremity receiving a higher rating due to more severe symptoms.
- Remanded (sent back)
The Veteran's claims for increased ratings for degenerative arthritis of the lumbar and cervical spine are being remanded due to a pre-decisional duty to assist error. The AOJ is directed to obtain an addendum medical opinion that addresses the extent of flareups experienced by the Veteran.
- Remanded (sent back)
Service connection for degenerative arthritis of the cervical spine and anxiety is granted. The Veteran's right lower extremity radiculopathy, right knee condition, and OSA are remanded due to duty-to-assist errors.
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