The Veteran's claims for an earlier effective date for cervical stenosis, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity were denied. The Veteran was also denied an earlier effective date for a total rating based on individual unemployability (TDIU) due to service-connected disabilities, as well as an earlier effective date for Dependents' Education Assistance (DEA) benefits.
The deciding factor: The evidence did not support an earlier effective date for the grants of service connection or TDIU and DEA benefits.
- Claimed conditions
- cervical stenosis, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 23, 2019
- Citation
- 19105226
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.
- Denied
The Board denied the Veteran's claim for eligibility for assistance in acquiring specially adapted housing or special home adaptation grant as he does not have a permanent and total service-connected disability that meets the criteria.
- Partly granted
The Board granted service connection for cervical strain with degenerative arthritis and IVDS, radiculopathy of the left and right upper extremities, but denied service connection for left knee strain with shin splints, thoracolumbar strain with IVDS, left shoulder disability to include shoulder strain with impingement syndrome and rotator cuff tendonitis, right shoulder disability to include shoulder strain with impingement syndrome and rotator cuff tendonitis with calcific tendinitis, and tinnitus.
- Granted
The Board granted service connection for a cervical spine disability, radiculopathy of the left upper extremity, low back disability, and radiculopathy of both lower extremities as secondary to the low back disability.
- Denied
The Board denied service connection for fatigue, traumatic brain injury (TBI), gastroesophageal reflux disease (GERD), left wrist disability, cervical spine disability, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity as there was no evidence to support a current diagnosis or that these conditions were related to service.
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