The Veteran's claim for an earlier effective date for service connection for degenerative arthritis of the spine and bilateral lower extremity radiculopathy was denied as his VA Form 9, which he requested to reopen the claim, was not received within 60 days of the December 2013 Statement of the Case.
The deciding factor: The Veteran's VA Form 9 was not timely submitted by more than 60 days after the issuance of the December 2013 SOC, thus it was treated as a request to reopen his claim. As he did not submit the form within the required timeframe, the earliest possible effective date allowed under the law is April 30, 2014.
- Claimed conditions
- degenerative arthritis of the spine, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2023
- Citation
- A23030828
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 A23030828.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
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