The Veteran's LLE radiculopathy was granted service connection secondary to his service-connected lumbar spine stenosis with IVDS. The effective date for this grant is set at May 18, 2007.
The deciding factor: Medical records showed the Veteran had diagnosed bilateral radiculopathy symptoms prior to May 18, 2007, and the condition was secondary to his service-connected lumbar spine stenosis with IVDS.
- Claimed conditions
- Major Depressive Disorder (MDD), Lumbar Spine Stenosis with IVDS, Radiculopathy of the Left Lower Extremity (LLE radiculopathy), Radiculopathy of the Right Lower Extremity (RLE radiculopathy)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 20, 2019
- Citation
- 19187674
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 claim for an acquired psychiatric disorder, to include MDD, as secondary to service-connected disabilities due to a duty to assist error.
- Denied
The Board denied service connection for various conditions, including GAD, MDD, PTSD, bilateral hearing loss, tinnitus, and foot disabilities. The claim for NSC pension benefits was dismissed as moot due to a higher disability rating.
- Granted
The Board granted an effective date of June 21, 2024, for the award of service connection for major depressive disorder (MDD).
- Partly granted
The Board granted an effective date of April 3, 1982 for the 70 percent rating for major depressive disorder (MDD), but denied an earlier effective date for a total disability rating based on individual unemployability (TDIU).
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