The Veteran seeks earlier effective dates for increased ratings of 40 percent or higher for radiculopathy of the right and left lower extremities. The Board finds that these earlier effective dates are not warranted as there is no evidence showing an increase in disability prior to April 18, 2019.,The Veteran's radiculopathy has been rated based on severity since October 1, 2013, and the current ratings have been upheld. The Board did not find any earlier effective dates as there is no factual basis for such a determination.
The deciding factor: There is no evidence showing an increase in disability prior to April 18, 2019, which is when the current increased rating was established.
- Claimed conditions
- Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2023
- Citation
- A23036986
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 A23036986.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
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