The Veteran's claim for an effective date of May 31, 2009, for the award of service connection for lumbar radiculopathy, sciatic nerve of the right lower extremity, is granted. The claim for an earlier effective date for the left lower extremity is denied.
The deciding factor: The evidence shows that the Veteran's spinal condition became progressively worse starting from May 31, 2009, as evidenced by a VA MRI report showing impingement and abutment of the bilateral L5-S1 nerve root. The claim for an earlier effective date is denied because there was no evidence of a bilateral lower extremity condition at the time of his original service connection claim.
- Claimed conditions
- lumbar radiculopathy, sciatic nerve of the right lower extremity, sciatic nerve of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 28, 2021
- Citation
- 21076858
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 21076858.
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.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Granted
The Veteran's lumbar radiculopathy and diabetic peripheral neuropathy of the right lower extremity are rated at 20 percent effective November 6, 2024.
- Denied
The Board found the reduction in disability evaluation from 40% to 20% was improper and void ab initio due to inadequate examination for reduction.
- Remanded (sent back)
The Board has determined that a remand is necessary to obtain an addendum medical opinion regarding the etiology of the Veteran's back disability, specifically addressing whether there was aggravation during service and if the lumbar spondylosis, lumbar radiculopathy, sacroiliitis, and failed back surgery syndrome had onset in service.
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