The application to reopen a previously denied claim for service connection for a low back condition was denied.,Service connection for peripheral neuropathy of the left upper extremity and Hepatitis C were also denied. The right lower extremity peripheral neuropathy issue is being remanded.
The deciding factor: New evidence submitted since the March 1985 rating decision did not provide new information that would support a finding of service connection for the low back condition.,The Veteran's complaints of tingling, numbness, and burning in his left upper extremity were diagnosed as cervical radiculopathy secondary to nonservice-connected cervical arthritis. Therefore, early onset peripheral neuropathy could not be presumed related to herbicide agent exposure.
- Claimed conditions
- Low back condition, Peripheral neuropathy of the left upper extremity, Peripheral neuropathy of the right lower extremity, Hepatitis C
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2019
- Citation
- 19106055
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.
- Partly granted
The Board granted a disability rating of 50 percent for the Veteran's left shoulder disability and service connection for peripheral neuropathy of the left upper extremity, both secondary to his service-connected left shoulder disability.
- Partly granted
The Veteran was granted a 40% rating for his low back condition and a 60% rating for left lower extremity radiculopathy of the sciatic nerve, while other claims were denied.
- Denied
The Board denied the veteran's claims for service connection for a low back condition, tinnitus, and bilateral hearing loss as there was no evidence of an in-service injury or event that caused these conditions.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
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