The Veteran's appeal seeking an effective date prior to April 3, 2018 for the grant of a total disability rating based on individual unemployability and for eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35; a compensable rating for service-connected dry eye syndrome; and readjudication of previously denied claims of service connection for neck muscle spasms, neuropathy (claimed as deep-seated itch in the neck, shoulders, and arms), left upper extremity radiculopathy, right upper extremity radiculopathy, and spondylosis of the cervical spine, with submission of new and relevant evidence, is dismissed.
The deciding factor: The Veteran's attorney representative withdrew his appeal in March 2024 stating that it was the Veteran's intent to withdraw the appeal seeking an effective date prior to April 3, 2018 for the grant of a total disability rating based on individual unemployability and for eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35; a compensable rating for service-connected dry eye syndrome; and readjudication of previously denied claims of service connection.
- Claimed conditions
- neck muscle spasms, neuropathy (claimed as deep-seated itch in the neck, shoulders, and arms), left upper extremity radiculopathy, right upper extremity radiculopathy, spondylosis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2026
- Citation
- A26030302
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 A26030302.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
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