The Veteran's claim for a higher rating for his acquired psychiatric disability was granted effective February 5, 2016. The appeal regarding the assignment of an earlier effective date for this rating is dismissed.
The deciding factor: The earliest date entitlement arose for service connection for radiculopathy of the right and left lower extremities was either on May 12, 2016 or January 17, 2017. The currently assigned effective date of June 6, 2016 is more favorable to the Veteran.
- Claimed conditions
- sleep apnea, degenerative arthritis of the spine and lumbosacral strain (lumbar spine disability), radiculopathy of the right lower extremity, raticulopathy of the left lower extremity
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 14, 2019
- Citation
- 19185927
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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