The Veteran's TDIU claim prior to August 20, 2014 is denied as he was not precluded from securing or following substantially gainful employment.,DEA benefits were denied prior to August 20, 2014 due to the absence of a timely NOD with respect to the July 2013 rating decision for right lower extremity radiculopathy.,The Veteran's claim for an earlier effective date for his 40% rating for right lower extremity radiculopathy prior to July 30, 2008 is denied as no new and material evidence was received within one year of the November 2007 or May 2008 rating decisions.,The Veteran's claim for an earlier effective date for his 40% rating for left lower extremity radiculopathy prior to June 18, 2014 is denied as no new and material evidence was received within one year of the October 2014 or October 2015 rating decisions.
The deciding factor: The Veteran did not express dissatisfaction with the July 2013 rating decision for right lower extremity radiculopathy, which became final.,No new and material evidence was received within one year of the November 2007 or May 2008 rating decisions regarding his TDIU claim.,The Veteran did not express dissatisfaction with the June 18, 2014 rating decision for left lower extremity radiculopathy, which became final.,No new and material evidence was received within one year of the October 2014 or October 2015 rating decisions regarding his claim for an earlier effective date.
- Claimed conditions
- Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2020
- Citation
- 20061641
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 20061641.
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.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Granted
The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.