All four issues on appeal (service connection for thoracolumbar and cervical spine disabilities, and right and left upper extremity radiculopathy) have been denied as the effective dates of the service connection grants are considered final.
The deciding factor: The effective dates of the service connection grants for the Veteran's thoracolumbar and cervical spine disabilities, as well as his right and left upper extremity radiculopathy, were found to be final due to the nature of the claims. As a result, no earlier effective date can be granted.
- Claimed conditions
- Thoracolumbar spine disability, Cervical spine disability, Right upper extremity radiculopathy, Left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2019
- Citation
- 19145668
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 service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
- Partly granted
The Board granted service connection for a separate 50 percent initial rating for insomnia as secondary to tinnitus, and denied an increased rating for tinnitus. The Board also granted service connection for headache disability, low back disability, left lower extremity radiculopathy, cervical spine disability, and right upper extremity radiculopathy.
- Remanded (sent back)
The Board remands the appeal for additional development, including a retrospective opinion regarding range of motion during flare-ups and requesting evidence pertaining to the Veteran's annual income prior to January 2010.
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