The Veteran's appeals for increased ratings and service connection have been dismissed due to concurrent elections of review options.
The deciding factor: The Veteran elected the Supplemental Claim lane, which is not permissible when an appeal has already been filed concurrently with a Notice of Disagreement on other issues. The August 19, 2024 VA Form 10182 constituted an impermissible concurrent election and thus lacks jurisdiction over these claims.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS) and compression fracture, Left ankle tendinitis, Right ankle tendinitis with Achilles tendon rupture, Degenerative arthritis of the cervical spine with intervertebral disc syndrome and cervical strain, Hearing loss, other than tinnitus, Migraine headaches, secondary to cervical spine, mid back, and low back, Posttraumatic stress disorder (PTSD), Left hip strain, flexion, Left knee strain, instability, Left lower extremity radiculopathy, sciatic nerve, Right lower extremity radiculopathy, sciatic nerve, Right upper extremity radiculopathy, lower radicular group (previously rated as radiculopathy, left upper extremity), Right knee strain, limitation of extension, Shin splints
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2026
- Citation
- A26020735
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 A26020735.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
- Remanded (sent back)
The Board has granted service connection for a right knee scar secondary to the Veteran's service-connected right knee disability status post knee replacement. However, the rating for PTSD remains at 30 percent and needs to be re-adjudicated due to a failure to obtain private mental health treatment records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.