The Veteran's claim for a higher rating for his lumbar spine disability, radiculopathy of the left and right lower extremities, and mental disorder was denied. The effective date for the increased rating for bipolar disorder from 70 to 100 percent is set at May 8, 2018.,The Veteran's request for an earlier effective date for his 100% rating for bipolar disorder was denied.
The deciding factor: There is no evidence of increase in severity of the Veteran’s psychiatric symptoms within one year prior to the increased rating claim. The Board found that there were no VA treatment or other medical records relevant to the Veteran's psychiatric symptoms for the year prior to May 8, 2018.,The Veteran did not provide any specific errors of fact or law in the previous rating decision denying service connection for radiculopathy of the bilateral lower extremities. The Board found that there was no clear and unmistakable error (CUE) in this decision.
- Claimed conditions
- {"condition_name":"Lumbar Spine Disability"}, {"condition_name":"Radiculopathy of Left Lower Extremity"}, {"condition_name":"Radiculopathy of Right Lower Extremity"}, {"condition_name":"Mental Disorder (Bipolar Disorder)"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 23, 2020
- Citation
- 20005858
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
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