The Veteran's claim for an effective date prior to June 7, 2016, for the grant of service connection for right upper extremity radiculopathy secondary to a cervical spine disability was denied. The Board found that there is no evidence earlier than June 7, 2016, and subsequent to the last final and binding denial that reasonably can be construed as an informal claim, formal claim, or intent to file a claim for an increased rating for the cervical spine disability.
The deciding factor: There was no indication of worsening of the disability during the one-year grace period prior to the date on which the Veteran filed his most recent claim for an effective date earlier than June 7, 2016.
- Claimed conditions
- Degenerative disc disease, cervical spine, Right upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 13, 2023
- Citation
- 23066091
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 23066091.
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.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates on all issues related to his service-connected conditions.
- Granted
The Veteran's right upper extremity radiculopathy is granted a 40 percent rating, and the left upper extremity radiculopathy is granted a 30 percent rating. The cervical spine degenerative arthritis does not meet the criteria for a higher than 20 percent rating.
- Granted
The Board has granted earlier effective dates of November 14, 2016 for the service connection of right upper extremity radiculopathy and left lower extremity radiculopathy as secondary to service-connected neck condition and lumbosacral strain, respectively.
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