The Veteran's claim for an effective date prior to October 17, 2007 for the grant of service connection for right lower extremity radiculopathy is dismissed.,An initial disability rating in excess of 50 percent for an acquired psychiatric disability characterized as insomnia disorder with non-sleep disorder, mental comorbidity, and medical comorbidity, and adjustment disorder with depressed mood is denied.,A disability rating in excess of 10 percent for rheumatoid arthritis of the bilateral hands is denied.,A disability rating in excess of 10 percent for a back disability characterized as degenerative disc disease and stenosis of the lumbar spine, status post lumbosacral strain, is denied.,A disability rating in excess of 10 percent for right lower extremity radiculopathy is denied.,Service connection for bilateral hearing loss is not granted.

The deciding factor: The effective date prior to October 17, 2007 for the grant of service connection for right lower extremity radiculopathy lacks legal merit due to lack of timely appeal and no allegation of clear and unmistakable error.,The criteria for an initial disability rating in excess of 50 percent for an acquired psychiatric disability have not been met as the Veteran's condition does not meet the criteria for a higher rating based on occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood.,The criteria for a disability rating in excess of 10 percent for rheumatoid arthritis of the bilateral hands have not been met due to lack of evidence showing one or two exacerbations per year and well-established diagnosis.,The criteria for a disability rating in excess of 10 percent for a back disability characterized as degenerative disc disease and stenosis of the lumbar spine, status post lumbosacral strain, have not been met due to lack of x-ray evidence of arthritis with involvement of two or more major joints or two or more minor joint groups.,The criteria for a disability rating in excess of 10 percent for right lower extremity radiculopathy have not been met as the Veteran's condition does not meet the criteria for moderate incomplete paralysis.,Service connection for bilateral hearing loss is denied due to lack of new and material evidence since the November 1998 rating decision.

Claimed conditions

right lower extremity radiculopathy, acquired psychiatric disability (insomnia disorder with non-sleep disorder, mental comorbidity, and medical comorbidity, and adjustment disorder with depressed mood), rheumatoid arthritis of the bilateral hands, back disability (degenerative disc disease and stenosis of the lumbar spine, status post lumbosacral strain), bilateral hearing loss

How they argued it

Not specified

Exposure basis

None

Rating assigned

None in this decision

Decision date

February 20, 2024

Citation

24008239

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 24008239.