The Veteran's claim for an earlier effective date for cervical spine degenerative arthritis is denied as the increase in disability became factually ascertainable on February 9, 2019.,The Veteran's claims for earlier effective dates for left and right lower extremity radiculopathy are denied because these conditions did not arise until after the initial claim period.,The Veteran's claim for an earlier effective date for Dependents' Educational Assistance (DEA) is granted as of November 13, 2018.
The deciding factor: The effective dates for service connection cannot precede the date of onset of the disability. The earliest date of record showing radicular symptoms was September 27, 2017.
- Claimed conditions
- left lower extremity radiculopathy, right lower extremity radiculopathy, cervical spine degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 12, 2021
- Citation
- A21016598
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 A21016598.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
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