An effective date earlier than February 10, 2017, for the award of service connection for radiculopathy of the left lower extremity is denied.,An effective date earlier than April 26, 2016, for a 100% evaluation for respiratory disability is also denied. However, the appeal is granted as the Veteran's claim was reopened due to CUE in the May 1962 rating decision.
The deciding factor: The Board found no clear and unmistakable error (CUE) in the May 1962 rating decision which reduced the disability evaluation assigned for the Veteran’s respiratory disability.
- Claimed conditions
- radiculopathy of the left lower extremity, respiratory disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 28, 2019
- Citation
- 19106302
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Dismissed
The appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
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