The Veteran's claim for an earlier effective date for the grant of service connection for right leg sciatica is dismissed as a freestanding claim due to finality.
The deciding factor: The May 2009 rating decision granting service connection and assigning February 5, 2009 as the effective date became final after one year without an NOD or new and material evidence being submitted.
- Claimed conditions
- Right Leg Sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 30, 2015
- Citation
- 1542309
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 1542309.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 determined that there has not been substantial compliance with the remand directives and thus, another remand is needed before the Board can adjudicate these issues.
- Denied
The Veteran's appeals for increased ratings for his service-connected back disability, right leg sciatica, and left leg sciatica were denied. The Board found that the evidence did not support a higher rating based on functional loss or pain, as well as lack of ankylosis or incapacitating episodes.
- Denied
The Veteran's back disability is currently rated at 40 percent, but no higher. The claim for a rating in excess of 40 percent for the back disability is denied.,An initial rating of 40 percent, but no higher, for right leg sciatica secondary to service-connected back disability prior to January 25, 2012, is granted. A rating of 20 percent, but no higher, from January 25, 2012, to May 22, 2016, is also granted.,A rating in excess of 20 percent for left lower extremity radiculopathy secondary to service-connected back disability is denied.
- Denied
The Board has determined that the Veteran's cervical spine and low back disabilities, as well as his right and left leg sciatic neuropathies, were not incurred in or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.
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