The Veteran's claim for an effective date prior to August 2, 2005 for the award of service connection for radiculopathy of the right upper extremity is denied.,The Veteran's claim for an effective date prior to July 11, 2005 for the award of a 70 percent disability rating for PTSD is denied.
The deciding factor: There is no evidence that indicates the Veteran is entitled to a rating in excess of 70 percent in the one-year period prior to July 11, 2005. The only relevant records for the Veteran's psychiatric disability during that period do not reflect a factually ascertainable increase in severity of the condition.
- Claimed conditions
- Radiculopathy of the right upper extremity, Radiculopathy of the left lower extremity, Pulmonary embolism, Acute microscopic hematuria (claimed as kidney problems, blood in urine, and pyelonephritis)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2018
- Citation
- 18137006
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 18137006.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
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