The Veteran's service connection claims for bilateral pes planus, lumbar spine DDD, right and left lower extremity radiculopathy were denied. An earlier effective date for the grant of service connection for lumbar spine DDD was granted.
The deciding factor: The Board found that the evidence did not raise a question regarding an earlier effective date prior to April 27, 2018 and therefore no effective date for the award of service connection earlier than April 27, 2018 is assignable. Service connection was granted for lumbar spine DDD as secondary to the service-connected lumbar strain.
- Claimed conditions
- Bilateral pes planus, Lumbar spine degenerative disc disease (DDD), Right lower extremity peripheral neuropathy, Left lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 9, 2023
- Citation
- 23049933
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 23049933.
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: Remanded (sent back)
The Board has determined that the Veteran's current bilateral pes planus is not service-connected due to a duty-to-assist error, and remands the case for further examination and opinion.
- Whole decision: Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to duty-to-assist errors prior to the rating decision on review. The effective date for TDIU is set at January 31, 2021, based on the last day of employment. However, the RO needs to obtain SSA records regarding earnings from July 2020 to January 31, 2021, to determine if the Veteran's employment was marginal.
- Whole decision: Denied
The Veteran's claim for SMC(o) was denied as he could not receive multiple awards of SMC(l). The right shoulder bicipital tendonitis rating was denied, and the TDIU claim was granted.
- Whole decision: Granted
The rating reduction from 20 percent to 10 percent for the service-connected right lower extremity peripheral neuropathy was improper, and restoration of the 20 percent rating is granted. The Veteran's claim for an increased rating for the right lower extremity peripheral neuropathy is denied.
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