The Veteran's appeal for an earlier effective date for the grant of service connection for right lower radiculopathy, sciatic was denied. The Board found that no communication prior to June 14, 2018, reasonably could be interpreted as a request for this condition. Additionally, it is not factually ascertainable that the Veteran had right lower extremity radiculopathy during the period from June 14, 2017, to June 13, 2018, when he filed his claim for an increased rating of lumbar spine disability.
The deciding factor: The effective date for service connection is determined based on when a claim was received or when entitlement arose. The earliest communication from the Veteran regarding right lower radiculopathy affecting the right lower extremity did not occur until June 14, 2018, and no earlier claims were found to be relevant.
- Claimed conditions
- Right Lower Radiculopathy, Sciatic, Left Lower Extremity Radiculopathy, Sciatic, Plantar Fasciitis and Pes Planus, Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- 23064359
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 23064359.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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