The Veteran's claim for secondary service connection for bilateral lower extremity radiculopathy was reasonably raised during the pendency of a December 2014 claim, but entitlement did not arise until November 21, 2019. The Board denied an earlier effective date.
The deciding factor: The Veteran's lower extremity radiculopathy diagnosis was found incidentally during a claim for an increased rating for his lumbar spine disability and the date of the claim for secondary service connection for bilateral lower extremity radiculopathy, for the purposes of establishing an effective date, was in December 2014.
- Claimed conditions
- lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 15, 2023
- Citation
- 23045176
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. Read the original VA decision (opens in a new tab) using citation 23045176.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected disabilities result in the permanent loss of use of his left foot and upper right extremity, allowing for entitlement to an allowance for an automobile or other conveyance and adaptive equipment.
- Whole decision: Partly granted
The Veteran's appeal of his right ear hearing loss claim is dismissed. His claims for tinnitus, pseudofolliculitis barbae, and several other conditions are granted. The remaining claims are remanded.
- Whole decision: Granted
The Veteran's claims for separate 20% ratings for left and right shoulder limitation of motion have been granted effective April 15, 2019. These were previously pending but not formally submitted until after the October 2015 rating decision became final.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for additional development, including obtaining VA examinations and medical opinions.
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