The Board denied an earlier effective date for the grant of service connection for lumbar spine, degenerative arthritis, IVDS, with spinal stenosis but granted it for radiculopathy in both lower extremities. The issues related to increased ratings were remanded.
The deciding factor: The evidence did not support an earlier effective date for the lumbar spine disability, but the date of entitlement arose before the claim was filed for the bilateral lower extremity disabilities.
- Claimed conditions
- lumbar spine, degenerative arthritis, IVDS, with spinal stenosis, radiculopathy, left lower extremity (sciatic nerve), radiculopathy, right lower extremity (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24000825
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
- Granted
The Board granted service connection for a right foot disability, diagnosed as degenerative arthritis, fibrocartilaginous calcaneonavicular with lateral cuneiform cuboid coalition, other unspecified right ankle disorder, and status post right foot fracture.
- Remanded (sent back)
The Board remands the claims for a total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation based on aid and attendance, pending implementation of an earlier effective date for urge incontinence.
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