The Veteran's claims for service connection for low back disability, left and right lower extremity radiculopathy were denied as there is no legal entitlement to an earlier effective date prior to December 27, 2011.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied as the criteria for such entitlement have not been met.
The deciding factor: There is no legal entitlement to an earlier effective date prior to December 27, 2011 for the grant of service connection for low back disability and radiculopathy of the lower extremities due to lack of a formal or informal claim within one year from discharge.
- Claimed conditions
- closed fracture of lumbar vertebrae without mention of spinal cord injury (claimed low back disability), raticulopathy, left lower extremity, raticulopathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 30, 2018
- Citation
- 18106330
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. Read the original VA decision (opens in a new tab) using citation 18106330.
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: Denied
The Board denied the Veteran's claims for initial ratings in excess of 10 percent for radiculopathy, left and right lower extremities as there was no more than mild incomplete paralysis.
- Whole decision: Granted
The Board has granted an earlier effective date of September 13, 2017 for service connection for radiculopathy in both lower extremities.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for night sweats was denied due to the lack of a diagnosed condition.,The Board found that remand is required in order to correct duty to assist errors and obtain adequate VA examinations and nexus opinions for upper back pain, right hip pain, radiculopathy, alopecia areata (claimed as hair loss), and anxiety.
- Whole decision: Denied
The Veteran's combined evaluation for his service-connected disabilities did not change after the February 2021 rating decision, so he is denied retroactive payment.
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