Case A26039303

HARVEY P. ROBERTS · 2026 · Case ID: A26039303

MIXED

Summary

The Veteran served from June 1979 to May 1985. The Veteran appealed decisions denying service connection for a psychiatric disability, sleep apnea, and a left hip disability, and also appealed the denial of service connection for right lower extremity radiculopathy and right wrist disability, while also seeking secondary service connection for right and left lower extremity radiculopathy due to a service-connected back disability. During a February 2025 Board hearing, the Veteran withdrew the claims for psychiatric disability and sleep apnea, leading to their dismissal. The appeal for the left hip disability was also dismissed, as the Board found that adjudicating the appeal would not result in an earlier effective date or any additional benefit beyond what was already granted by the RO in February 2022. Service connection for right and left lower extremity radiculopathy, secondary to a service-connected back disability, was granted based on a VA examiner's opinion linking the radiculopathy to the back condition and the Board's finding that the evidence supported this secondary connection. The claim for right wrist disability was denied, as the Board found no evidence of a service-related wrist condition, noting the Veteran's denial of joint issues in service and the first complaint of pain over 30 years after service. The Board also noted that service connection for right upper extremity radiculopathy had already been established, precluding compensation for the same symptoms.

Special Benefit

NO SPECIAL BENEFIT

Docket No.

210602-163503

Full Decision Text

Citation Nr: A26039303
Decision Date: 04/28/26 Archive Date: 04/28/26

DOCKET NO. 210602-163503
DATE: April 28, 2026

ORDER

Entitlement to service connection for a psychiatric disability has been withdrawn and is dismissed.

Entitlement to service connection for sleep apnea has been withdrawn and is dismissed.

Entitlement to service connection for a left hip disability is dismissed.

Entitlement to service connection for right lower extremity radiculopathy, secondary to a service-connected back disability, is granted.

Entitlement to service connection for left lower extremity radiculopathy, secondary to a service-connected back disability, is granted.

Entitlement to service connection for a right wrist disability is denied.

FINDINGS OF FACT

1. At the February 2025 Board hearing, prior to issuance of a Board decision in the appeal, the Veteran withdrew the claim of entitlement to service connection for a psychiatric disability.

2. At the February 2025 Board hearing, prior to issuance of a Board decision in the appeal, the Veteran withdrew the claim of entitlement to service connection for sleep apnea.

3. A February 2022 rating decision established service connection for a left hip disability on a direct basis, effective January 19, 2021, the day on which VA received the claim, the same claim that is before the Board.

4. The persuasive weight of the evidence supports a finding that the Veteran's right lower extremity radiculopathy is secondary to a service-connected back disability.

5. The persuasive weight of the evidence supports a finding that the Veteran's left lower extremity radiculopathy is secondary to a service-connected back disability.

6. The persuasive weight of the evidence is against a finding that a right wrist disability had its onset in or is otherwise related to service.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to service connection for a psychiatric disability by the appellant or the authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of entitlement to service connection for obstructive sleep apnea by the appellant or the authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

3. The criteria for dismissal of the appeal seeking entitlement to service connection a left hip disability have been met. 38 U.S.C. § 7105.

4. The criteria for entitlement to service connection for right lower extremity radiculopathy have been met. 38 U.S.C. § 1110, 5107; 38 C.F.R. § 3.310.

5. The criteria for entitlement to service connection for left lower extremity radiculopathy have been met. 38 U.S.C. § 1110, 5107; 38 C.F.R. § 3.310.

6. The criteria for entitlement to service connection for a right wrist disability have not been met. 38 U.S.C. § 1110, 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.303, 3.304.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from June 1979 to May 1985.

This matter comes before the Board of Veterans' Appeals (Board) from January 2021, February 202, and April 2021 rating decisions issued by a Regional Office (RO) of the Department of Veterans Affairs (VA), which is the Agency of Original Jurisdiction (AOJ). On June 2, 2021, the Veteran filed a timely appeal of the decisions using VA Form 10182, Board Appeal (Notice of Disagreement) and elected to have a Board hearing. 38 C.F.R. § 19.2.

On February 6, 2025, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file.

Because of the Veteran's election of review through the Board hearing docket, the Board may only consider evidence submitted at the time of the rating decision on appeal, additional testimony during the Board hearing, and evidence submitted within 90 days after the Board hearing. 38 C.F.R. § 20.301.

Remand is permitted only to cure pre-decisional errors in VA's duty to assist the Veteran in substantiating the claim, and to correct errors in VA's duty to satisfy a regulatory or statutory duty, if correction of the error would have a reasonable possibility of aiding in substantiating the Veteran
Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file.

1. Entitlement to service connection for a psychiatric disability

2. Entitlement to service connection for sleep apnea

The Board may dismiss any appeal which does not allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the veteran or the authorized representative. 38 C.F.R. § 20.205.

At the February 2025 Board hearing, the Veteran stated the intent to withdraw the claims for entitlement to service connection for a psychiatric disability and sleep apnea. The withdrawal was acknowledged on the record and was explicit, unambiguous, and done with a full understanding of the consequences. DeLisio v. Shinseki, 25 Vet. App. 45 (2011); Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018). Thus, there remain no allegations of errors of fact or law for appellate consideration regarding the issues of entitlement to service connection for a psychiatric disability and sleep apnea. Accordingly, the Board does not have jurisdiction to review the appeals for service connection for a psychiatric disability and sleep apnea and they are dismissed.

Service Connection

Service connection may be established for a disability caused by disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. In order to establish service connection for a claimed disability, there must be (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence, generally medical, of a causal relationship between the claimed in service disease or injury and the current disability. Hickson v. West, 12 Vet. App. 247 (1999).

Service connection may also be established for any disease initially diagnosed after service, when the evidence establishes that the disease was incurred in service. 38 U.S.C. § 1113(b); 38 C.F.R. § 3.303(d); Cosman v. Principi, 3 Vet. App. 503 (1992). The disease entity for which service connection is sought must be chronic rather than acute and transitory in nature. For the showing of chronic disease in service, a combination of manifestations must exist sufficient to identify the disease entity and sufficient observation to establish chronicity at the time, as distinguished from merely isolated findings or a diagnosis including the word chronic. Furthermore, service incurrence will be presumed for certain chronic diseases if manifest to a compensable degree within the year after active service. 38 U.S.C. § 1112; 38 C.F.R. §§ 3.307, 3.309.

1. Entitlement to service connection for left hip disability

The Veteran asserts entitlement to service connection for a left hip disability.

A February 2022 rating decision established service connection for limited abduction of the left hip and assigned a 20 percent rating, and limited flexion of the left hip and assigned a 0 percent rating, effective January 19, 2021. When service connection is established, it is generally considered a full grant of the benefit sought on appeal. Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). However, the Board may not dismiss an appeal from the denial of service connection for a disability for which service connection has already been granted without considering the effective date consequences the Veteran establishing service connection on another basis. Johnson v. Collins, 38 Vet. App. 151 (2025).

On January 19, 2021, VA received the Veteran
20 percent rating, and limited flexion of the left hip and assigned a 0 percent rating, effective January 19, 2021. When service connection is established, it is generally considered a full grant of the benefit sought on appeal. Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). However, the Board may not dismiss an appeal from the denial of service connection for a disability for which service connection has already been granted without considering the effective date consequences the Veteran establishing service connection on another basis. Johnson v. Collins, 38 Vet. App. 151 (2025).

On January 19, 2021, VA received the Veteran's VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, for the claim of entitlement to service connection for a left hip disability. A careful review of the evidence does not show formal or informal claims for entitlement to service connection for a left hip disability pending prior to January 2021. The effective date assigned in the February 2022 rating decision is January 19, 2021, which represents the date that VA received the Veteran's claim. Therefore, the Board finds that an earlier effective date than January 19, 2021, would not be assigned by adjudicating this appeal.

Accordingly, after consideration of the effective date consequences of the claim of entitlement to service connection for a left hip disability, the Board finds that the claim could not result in an earlier effective date or any other benefit to the Veteran beyond that which was established in the AOJ in the February 2022 rating decision. There remain no allegations of errors of fact or law for appellate consideration and the appeal is dismissed.

2. Entitlement to service connection for right lower extremity radiculopathy

3. Entitlement to service connection for left lower extremity radiculopathy

The Veteran asserts entitlement to service connection for right and left lower extremity radiculopathy.

A January 2021 VA medical record shows diagnoses of low back pain and lumbar radiculopathy. A February 2021 VA examiner opined that the Veteran's radiculopathy was not related to the Veteran's hip disability. The examiner explained that radiculopathy referred to pain to an extremity generated by compression of the nerve roots within or along the spine.

A June 2023 rating decision established service connection for degenerative disc disease of the lumbar spine and assigned a 10 percent rating, effective January 18, 2017.

A disability that is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is established for a secondary disability, the secondary disability shall be considered a part of the original disability. 38 C.F.R. § 3.310(a). Secondary service connection may also be established for a nonservice-connected disability, which is aggravated by a service-connected disability. In that instance, the Veteran is compensated for the degree of disability over and above the degree of disability existing prior to the aggravation. 38 C.F.R. § 3.310(b); Allen v. Brown, 7 Vet. App. 439 (1995).

Because service connection has been established and a VA examiner has stated that the current diagnosis of bilateral lower extremity radiculopathy was related to the Veteran's back disability, entitlement to service connection for right and left lower extremity radiculopathy, secondary to a service-connected back disability, is warranted.

Accordingly, entitlement to service connection for right and left lower extremity radiculopathy is warranted, and the claims are granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

4. Entitlement to service connection for a right wrist disability

The Veteran asserts entitlement to service connection for a right wrist disability.

The service medical records do not show reports, treatment, or diagnoses of any right wrist disability or symptoms of any right wrist disability. May 1985 and July 1986 clinical examinations of the upper extremities were normal. In a July 1986 Report of Medical History, the Veteran denied swollen or painful joints; arthritis; and bone, joint, or other deformities.

In October 2019, the Veteran reported bilateral wrist pain for one month. April 2020 X-rays of the right wrist showed degenerative changes in the joint. At a January 2021 VA neck examination, the Veteran reported bilateral wrist weakness. In January 2021, the Veteran reported neck pain, occasional numbness and tingling in the arms and hands, and weakness in the wrists.

diagnoses of any right wrist disability or symptoms of any right wrist disability. May 1985 and July 1986 clinical examinations of the upper extremities were normal. In a July 1986 Report of Medical History, the Veteran denied swollen or painful joints; arthritis; and bone, joint, or other deformities.

At a February 2025 Board hearing, the Veteran reported right wrist pain was caused by bracing falls and landing on the hands during parachute jumps. The Veteran reported that while in service, he was treated with Motrin and two days off for wrist pain.

The Board notes that a January 2022 rating decision established service connection for radiculopathy of the right upper extremity which contemplated the Veteran's reports of pain, numbness, and weakness in the right wrist. Therefore, the Veteran may not be compensated for right wrist pain related to service-connected radiculopathy. 38 C.F.R. § 4.14; Esteban v. Brown, 6 Vet. App. 259 (1994); Lyles v. Shulkin, 29 Vet. App. 107 (2017). Therefore, the Board has recharacterized the issue on appeal indicate that the Veteran is seeking service connection for a right wrist disability for which service connection has not been established.

The Board finds that entitlement to service connection for degenerative changes of the right wrist is not warranted, as the competent evidence of record does not show that any current right wrist disability is related to service

The AOJ was not obliged to provide an examination or obtain a medical opinion because there was no evidence of a wrist disability or signs and symptoms of a wrist disability which was associated with the Veteran's service. 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Veteran has not submitted any competent medical evidence suggesting that any current right wrist disability is related to service. The Veteran first complained of right wrist pain in October 2019, over 30 years after separation from service. At that time, the Veteran reported that the pain had been present for one month. The service records show that the Veteran denied any painful joints or arthritis. Therefore, the Board finds that the weight of the evidence is against a finding that any current right wrist disability is related to service.

Accordingly, as entitlement to service connection for a right wrist disability is not warranted, the claim is denied. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021). The Board finds that the evidence is not in approximate balance and there is no reasonable doubt to resolve in favor of the Veteran.

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board E.O., Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.

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