The Veteran's claims for earlier effective dates for service connection and ratings are granted. The case is remanded for additional development related to the PTSD rating and SMC based on housebound status.
The deciding factor: The Board found that it was not factually ascertainable prior to May 28, 2013, that the Veteran's TMJ had progressed to causing range of motion measurements of 21 to 30 mm for the inter-incisal range. The earlier effective dates were granted based on this finding and the Veteran's service records.
- Claimed conditions
- bilateral lower extremity radiculopathy of the sciatic nerve, bilateral lower extremity radiculopathy of the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 8, 2022
- Citation
- 22033564
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 22033564.
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.
- Partly granted
The Board denied the Veteran's appeal for a higher rating than 20 percent for lumbosacral strain and intervertebral disc syndrome, finding the evidence supports only a 20 percent rating. The Board remanded claims for cervical strain service connection, higher ratings for bilateral lower extremity radiculopathy, and TDIU eligibility due to duty to assist errors and the need for additional medical examinations.
- Denied
The Board denied the veteran's claims for initial compensable ratings and earlier effective dates, finding that the evidence did not support a higher rating or an earlier effective date.
- Denied
The Board has denied the Veteran's requests for earlier effective dates for the grants of service connection for a lumbar spine disability and bilateral lower extremity radiculopathy of the sciatic nerve, finding that the earliest date of claim is January 15, 2013.
- Granted
The Veteran's service-connected disabilities, including diabetic neuropathy, diabetes mellitus type II, degenerative arthritis of the lumbar spine, hearing loss, tinnitus, and sciatic nerve radiculopathy, preclude him from obtaining or maintaining a substantially gainful occupation. The Board granted his TDIU claim.
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