The Board has granted an earlier effective date of July 1, 2015 for the award of a separate 60 percent rating for radiculopathy in the right lower extremity.
The deciding factor: The evidence shows that the increase in disability occurred less than one year prior to the date of August 2015 increased rating claim and there is no persuasive evidence constituting a factually ascertainable indication of the Veteran's right lower extremity radicular symptoms prior to July 1, 2015.
- Claimed conditions
- Radiculopathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 12, 2022
- Citation
- 22068321
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 22068321.
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.
- Denied
The Veteran's PTSD is rated at 50 percent, and the appeal for an increased rating is denied. The Veteran's degenerative osteoarthritis and degenerative disc disease of the lumbar spine, radiculopathy, right lower extremity, diabetic nephropathy chronic kidney disease, right great toe bunion and gout, and TDIU are all granted.
- Remanded (sent back)
The Veteran's service connected thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, radiculopathy of the right upper and lower extremities, and radiculopathy of the left upper and lower extremities are all remanded for further development.
- Remanded (sent back)
The Board remands the claims for an increased initial rating for a low back disability and radiculopathy, right and left lower extremities due to a need for additional evidence.
- Dismissed
The Board dismissed the appeal for service connection for SLAP tear, right upper extremity and denied service connection for radiculopathy, left lower extremity. Service connection was granted for radiculopathy, right lower extremity effective September 13, 2021.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.