The Veteran's appeal for an effective date earlier than February 6, 2009 for service connection of right L5 radiculopathy was denied. The claim for higher initial evaluations for lumbosacral spine disability prior to April 17, 2002 and in excess of 40 percent thereafter after February 6, 2009 is also denied.
The deciding factor: The earliest medical evidence of actual peripheral neuropathy was the EMG report dated in February 2009. There is no basis on which an earlier effective date for service connection may be considered.
- Claimed conditions
- Right L5 radiculopathy, Lumbosacral spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2016
- Citation
- 1611665
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 1611665.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 remanded the Veteran's claims for cervical and lumbosacral spine disabilities due to a pre-decisional duty to assist error, specifically regarding the absence of contemporaneous service treatment records. The Board finds that addendum medical opinions are needed to determine the etiology of these disabilities.
- Remanded (sent back)
The Board has denied service connection for a left knee disability and remanded the issues of right knee and lumbosacral spine disabilities due to insufficient evidence.
- Partly granted
The Board granted earlier effective dates of January 18, 2022, for the 40 percent ratings for radiculopathy of the right and left lower extremities and lumbosacral spine disability, as well as a 10 percent rating for allergic rhinitis. The claims for increased ratings were denied.
- Partly granted
The Board granted an earlier effective date of April 20, 2020, for the grant of a total disability rating due to individual unemployability (TDIU) and Dependents' Educational Assistance (DEA), but denied a higher rating than 40 percent for the lumbosacral spine disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.