The Veteran's effective date for the increased rating of 40 percent assigned to his back disability and for the separate evaluations assigned to his bilateral lower extremity radiculopathy is set at November 16, 2017.
The deciding factor: The Veteran presented an intent to file on November 16, 2017, within one year of which he submitted a complete claim for compensation. The Board found the August 2017 notification letter did not constitute a valid intent to file and thus recognized the November 2017 Intent to File as the first valid intent.
- Claimed conditions
- Mechanical Back Pain Syndrome with Intervertebral Disc Syndrome (previously rated as lumbosacral strain) - back disability, Left Leg Radiculopathy, Right Leg Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 29, 2021
- Citation
- A21018973
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 A21018973.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 degenerative joint disease of the lumbar spine and left leg radiculopathy have been granted a 40 percent rating. However, his right leg radiculopathy and left leg radiculopathy are remanded for further review.
- Partly granted
The Board granted a 70 percent rating for PTSD, denied ratings in excess of 30 percent for left and right knee strains, granted separate 10 percent ratings for painful, noncompensable limitation of flexion of the knees, granted service connection for back condition and related radiculopathies, but denied service connection for bilateral hearing loss and a right shoulder condition.
- Dismissed
The Board dismissed all appeals for service connection of various conditions, including insomnia, asthma, migraines, sleep apnea, erectile dysfunction, hypertension, bilateral hearing loss disability, pseudofolliculitis barbae, clavicle and shoulder disabilities, arm and leg radiculopathies, hip and knee disabilities, ankle disabilities, shin splints, and plantar fasciitis.
- Denied
The Board denied service connection for a low back disorder and left leg radiculopathy, finding no evidence of in-service injury or chronic condition.
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