The Board denied the Veteran's claims for service connection and TDIU due to his disabilities, including radiculopathy of the upper and lower extremities. The issues were related to whether the initial grant of service connection for radiculopathy of the right lower extremity was protected.
The deciding factor: The Board found that service connection for radiculopathy of the right lower extremity had been in effect for more than 10 years, making it protected under VA regulations.
- Claimed conditions
- r radiculopathy of the upper extremities, r radiculopathy of the right lower extremity, r radiculopathy of the left lower extremity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 20, 2012
- Citation
- 1225291
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 1225291.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted earlier effective dates of December 19, 2016 for service connection of radiculopathy of the left and right lower extremities.
- Remanded (sent back)
The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the lower extremities has been denied. The case is being remanded to consider a total disability rating based on individual unemployability (TDIU).
- Dismissed
The Veteran's appeals for increased disability ratings and special monthly compensation were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during their pendency.
- Remanded (sent back)
The Veteran's claims for increased ratings for lumbar spine degenerative arthritis and radiculopathy of the left lower extremity, as well as his claim for TDIU, are being remanded due to inadequate examination reports and incomplete records.
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