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
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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 the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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