The Veteran's increased evaluations for tinea pedis and right lower extremity radiculopathy were granted in April 2022, but the appellant is not eligible to attorney fees based on past-due benefits awarded due to lack of a qualifying review request.
The deciding factor: There was no qualifying review request on the April 2022 rating decision, and the Veteran did not pursue his claims for increased ratings after the April 2021 denial. The new claim for TDIU in November 2021 is considered a separate initial claim.
- Claimed conditions
- tinea pedis, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 15, 2022
- Citation
- A22023139
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 A22023139.
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 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.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
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