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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 1611665.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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