The Board denied the Veteran's claim to reopen his previously denied claim for service connection for degenerative joint disease and degenerative disc disease with spinal stenosis of the cervical spine due to a lack of timely Substantive Appeal. The Board also found that there is sufficient evidence to support the grant of service connection for herniated nucleus pulposus of the lumbosacral spine with left lower extremity radiculopathy and right knee strain.
The deciding factor: The Veteran did not submit a timely Substantive Appeal regarding his previously denied claim, thus failing to perfect an appeal. The Board found that there is sufficient evidence to support service connection for herniated nucleus pulposus of the lumbosacral spine with left lower extremity radiculopathy and right knee strain.
- Claimed conditions
- Degenerative Joint Disease and Degenerative Disc Disease with Spinal Stenosis of the Cervical Spine, Herniated Nucleus Pulposus of the Lumbosacral Spine with Left Lower Extremity Radiculopathy, Right Knee Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2017
- Citation
- 1716671
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 1716671.
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 Veteran's right and left knee strains, as well as shin splints, were granted increased ratings. The Veteran also received special monthly compensation at the housebound rate from October 25, 2017 to March 11, 2024.
- Granted
The Board has restored the Veteran's right knee disability rating from 10% to 30%, effective July 1, 2025, finding that the reduction was improper and constituted a de facto severance of service connection.
- Remanded (sent back)
The Board has remanded the claims of entitlement to a rating in excess of 10 percent for left ankle, bilateral knee, and left hip disability. The Veteran's initial 10 percent rating for left thigh strain with limitation of flexion is granted.
- Dismissed
The Board dismissed the Veteran's appeals for increased disability evaluations and denied service connection for a bilateral shoulder condition. The Veteran was granted service connection for persistent depressive disorder.
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