The Board denied an earlier effective date for the grant of service connection for a lumbosacral strain (back disability) and dismissed the issue regarding the validity of a July 29, 2015 NOD with respect to bilateral lower extremity radiculopathy as secondary to the service-connected back disability.
The deciding factor: The Veteran did not appeal the March 2003 Board decision denying her claim for a back disability and it became final. The earliest date after this denial that she expressed an intent to reopen her claim was March 29, 2011, which is when the effective date of service connection was assigned.
- Claimed conditions
- lumbosacral strain (back disability), bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179261
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.
- Remanded (sent back)
The Board remands the claims for initial ratings higher than the assigned percentages for service-connected conditions, including migraine headaches, bilateral carpal tunnel syndrome, lumbosacral strain, and bilateral lower extremity radiculopathy.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, but denied service connection for chronic fatigue syndrome (CFS), left restless leg syndrome, right restless leg syndrome, lumbosacral strain, left lower extremity sciatic radiculopathy, right lower extremity sciatic radiculopathy, right ankle disability, right ankle scar, and hypertension. The Board also remanded several claims for further development.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
- Partly granted
The Board granted service connection for a back disability and bilateral lower extremity radiculopathy, but denied service connection for chronic fatigue syndrome, chronic sinusitis, bilateral hand tremors, and bilateral restless leg syndrome. The Board also granted an increased rating of 50 percent for obstructive sleep apnea.
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