The application to reopen the claim of service connection for a left hip disorder is denied.,An earlier effective date for the grant of service connection for right lower extremity (RLE) radiculopathy is denied.,An earlier effective date for the grant of service connection for left lower extremity (LLE) radiculopathy is denied.,An earlier effective date for the grant of service connection for a lumbar spine disability is denied.,A rating in excess of 10 percent for RLE radiculopathy is denied.,A rating in excess of 20 percent for LLE radiculopathy is denied.,A rating in excess of 40 percent for degenerative disc disease (DDD) with status/post diskectomy is denied.,Service connection for an acquired psychiatric disorder is granted.,Service connection for a headache disorder is granted.,Service connection for a sleep disorder is denied.,Service connection for tinnitus is denied.,Service connection for a right hip disorder is denied.
The deciding factor: The evidence does not support the reopening of the claim for service connection for left hip disorder, and the effective dates for RLE radiculopathy and LLE radiculopathy are based on the date of the claims. The lumbar spine disability has an original effective date that corresponds to the date of separation from service. The Veteran's symptoms do not meet the criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome (IVDS) based on Incapacitating Episodes.
- Claimed conditions
- left hip disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2019
- Citation
- 19182162
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 various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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).
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
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