The Veteran's claims for earlier effective dates for service connection of left lower extremity radiculopathy and right lower extremity radiculopathy were denied as it is not factually ascertainable that the conditions arose prior to May 13, 2015.,The claim for DJD of the left hip was also denied as the Veteran's original award of service connection for a left hip disability (previously characterized as left hip piriformis syndrome) is effective from June 15, 2007 to May 13, 2015.
The deciding factor: The evidence did not show that the Veteran experienced symptoms of radiculopathy prior to May 13, 2015.
- Claimed conditions
- left lower extremity radiculopathy, persistent depressive disorder with mixed features
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 26, 2019
- Citation
- 19132418
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 denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
- Denied
The Board denied the veteran's claims for service connection, increased ratings, and earlier effective dates as there was no evidence to support a causal relationship between his current conditions and his active military service.
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