The Veteran seeks an earlier effective date for the award of service connection for sciatica with L2-L3 radiculopathy and degenerative arthritis of the cervical spine with radiculopathy. The Board finds that an effective date of October 29, 2003, but not earlier, is warranted for the former claim. However, the Veteran's September 27, 2004, claim for service connection for degenerative arthritis of the cervical spine with radiculopathy represents a new claim and thus an effective date prior to this date is denied.,The Board finds that neither a formal nor informal claim of entitlement to service connection for a cervical spine disorder was received prior to September 27, 2004. Therefore, an earlier effective date for the award of service connection for degenerative arthritis of the cervical spine with radiculopathy is denied.
The deciding factor: The Veteran's claim for sciatica with L2-L3 radiculopathy arose from a previously awarded service-connected lumbar spine disorder. The earliest ascertainable date that an increase in disability was factually ascertainable is October 29, 2003.,There is no evidence to suggest the Veteran intended to file a claim of service connection for a cervical spine disorder prior to September 27, 2004.
- Claimed conditions
- sciatica with L2-L3 radiculopathy, degenerative arthritis of the cervical spine with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2010
- Citation
- 1040160
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 1040160.
What this means for you
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What you can do next
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