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Denied

The Veteran's claims for earlier effective dates for the assignment of a 40 percent disability rating for service-connected DJD of the lumbosacral spine at L5-S1, and awards of service connection for patellofemoral syndrome of the left and right knees based on limitation of flexion are denied.,The Veteran's claims for earlier effective dates for the award of service connection for left lower extremity radiculopathy and right lower extremity radiculopathy are denied.,The Veteran's claim for an earlier effective date for the grant of basic eligibility to Dependents' Educational Assistance (DEA) benefits is denied.

The deciding factor: There is no evidence showing an ascertainable increase in severity of either the Veteran's service-connected bilateral knee or lumbosacral spine disabilities within one year prior to August 19, 2019, when she filed her intent to file a claim.,The Veteran did not submit any correspondence expressing an intent to claim increased ratings for her service-connected back and knee disabilities prior to August 19, 2019. There is also no evidence of ascertainable increase in disability within one year prior to the date of filing.,Eligibility for DEA benefits was granted effective August 19, 2019, based on her permanent total service-connected disability status at that time.

Claimed conditions
Degenerative Joint Disease (DJD) of the lumbosacral spine at L5-S1, Patellofemoral syndrome of the left knee with DJD based on limitation of flexion, Patellofemoral syndrome of the right knee with DJD based on limitation of flexion, Left lower extremity radiculopathy, Right lower extremity radiculopathy
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
September 5, 2024
Citation
A24052800

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 A24052800.

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