The Veteran's claims for earlier effective dates to establish service connection for thoracolumbar degenerative arthritis of the spine, right lower extremity radiculopathy, left lower extremity radiculopathy, and bilateral feet disabilities were denied as there was no CUE in the March 2007 rating decision.
The deciding factor: The Board found that there was no evidence of clear and unmistakable error (CUE) in the March 2007 rating decision denying service connection for a back disability and bilateral feet disabilities, and thus denied the Veteran's earlier effective date claims.
- Claimed conditions
- thoracolumbar degenerative arthritis of the spine, right lower extremity radiculopathy, sciatic nerve, left lower extremity radiculopathy, sciatic nerve, bilateral plantar fasciitis with hallux rigidus and right foot Morton's neuroma (bilateral feet disabilities)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2021
- Citation
- A21017567
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 A21017567.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the Veteran's appeal for service connection of a right ankle disorder.,The Board denied the Veteran's request for an earlier effective date for his service connection for gastroenteritis, lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left ankle lateral collateral ligament strain, right knee strain and hemorrhoids. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a lumbosacral strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of left lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a left ankle lateral collateral ligament strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right knee strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of hemorrhoids. The earliest effective date is December 5, 2018.
- Granted
The Veteran's left and right lower extremity radiculopathy, sciatic nerve, were granted a 40 percent evaluation each. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including allergic rhinitis, sleep apnea, degenerative disc disease of the lumbar spine, lower extremity radiculopathies, and left lower extremity radiculopathy with foot drop. The issues include determining if these conditions are related to service or other factors.
- Remanded (sent back)
The Board has remanded the claims for a higher rating for lumbosacral strain with intervertebral disc syndrome, bilateral lower extremity radiculopathy, and left lower extremity radiculopathy due to procedural errors in obtaining private medical records.
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