The Veteran's claims for earlier effective dates for service connection of major depressive disorder, right and left lower extremity radiculopathy, and low back disability have been denied as there is no indication that the Veteran wished to file a claim prior to September 7, 2012, June 26, 2012, or June 26, 2012 respectively.,The Veteran's claims for earlier effective dates for service connection of right and left lower extremity radiculopathy have been denied as the prior rating decision implicitly denied these conditions when granting a higher rating for his low back disability.
The deciding factor: There is no indication that the Veteran wished to file a claim for major depressive disorder prior to September 7, 2012. The effective date of service connection must be the date of receipt of the claim.,The December 2008 rating decision implicitly denied right and left lower extremity radiculopathy when granting an increased rating for the low back disability.
- Claimed conditions
- major depressive disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, low back disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081134
Veterans Law Judge
Decisions by this judge: 1,726 · Granted: 19% (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 20081134.
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.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
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