The Board denied earlier effective dates and increased ratings for the Veteran's low back condition and bilateral lower extremity radiculopathy, finding that the evidence did not support a higher rating prior to July 2, 2021, or an earlier effective date.
The deciding factor: The evidence of record showed mild incomplete paralysis without severe impairment, and no earlier claim was identified by the Veteran or found in the records.
- Claimed conditions
- Degenerative disc disease of the lumbar spine (low back condition), Left lower extremity radiculopathy of the sciatic nerve, Right lower extremity radiculopathy of the sciatic nerve, Left lower extremity radiculopathy of the femoral nerve, Right lower extremity radiculopathy of the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2024
- Citation
- 24004965
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.
- Partly granted
The Veteran was granted a 40% rating for his low back condition and a 60% rating for left lower extremity radiculopathy of the sciatic nerve, while other claims were denied.
- Denied
The Board denied the veteran's appeals for increased ratings and remanded certain issues, including TDIU and SMC.
- Partly granted
The Board granted restoration of 20 percent ratings for left and right lower extremity radiculopathies of the sciatic and femoral nerves, but denied increased ratings in excess of 20 percent. The Board also remanded service connection for prostate cancer and a rating increase for low back strain.
- Partly granted
The Board granted an earlier effective date of November 30, 2023, for the grants of service connection for right and left lower extremity radiculopathy of the femoral nerve.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.