The Board denied the veteran's claim for an earlier effective date for the grant of service connection for radiculoneuritis involving a root of C-5 with complaints of left arm pain, finding that there was no legal basis to assign such an effective date other than the allegation of clear and unmistakable error (CUE) in a prior August 1967 rating decision. The Board also denied his claim for service connection for degenerative disc disease of the lumbar spine as new and material evidence had not been submitted.
The deciding factor: The Board found that there was no legal basis to assign an earlier effective date other than the allegation of clear and unmistakable error (CUE) in a prior August 1967 rating decision, which denied service connection for radiculoneuritis involving a root of C-5 with complaints of left arm pain.
- Claimed conditions
- degenerative disc disease of the lumbar spine, radiculoneuritis involving a root of C-5 with subjective complaints of left arm pain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2007
- Citation
- 0702587
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 0702587.
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The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including allergic rhinitis, sleep apnea, degenerative disc disease of the lumbar spine, lower extremity radiculopathies, and left lower extremity radiculopathy with foot drop. The issues include determining if these conditions are related to service or other factors.
- Granted
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- Granted
The Veteran's right ear hearing loss is denied as there was no evidence of a current disability.,Left ear hearing loss is granted, with the condition being service-connected due to exposure during active duty and worsening over time.,Service connection for reflux esophagitis with hiatal hernia is granted based on symptoms that began in-service and continue post-service.,Service connection for stenosis of the cervical spine is granted as it was likely caused by service, including combat duties.,Degenerative disc disease of the lumbar spine is granted due to continuity of symptomatology since service.,Chronic fatigue syndrome is granted based on symptoms that began in-service and continue post-service.
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