The Board denied the Veteran's claims for TDIU, increased evaluation of back disability, and increased evaluation of bilateral lower extremity radiculopathy as the NOD was not timely filed within one year of the April 2016 notification.
The deciding factor: The NOD was not timely filed within the required one-year period from the April 2016 notification of the rating decision.
- Claimed conditions
- back disability, bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 24, 2019
- Citation
- 19180862
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
- Partly granted
The Board granted service connection for a back disability, effective immediately. The Board also granted a 10 percent rating for left knee tendonitis with patellofemoral pain syndrome and degenerative joint disease based on limitation of flexion from October 4, 2024, to the present, and a 50 percent rating for the same condition from February 5, 2025, to the present.
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