The Veteran's claims for increased ratings for service-connected lumbar spine and bilateral lower extremity radiculopathy disabilities are denied as the earliest date of increase in disability is March 31, 2020.,Basic eligibility to Dependents' Educational Assistance (DEA) benefits is also denied as there was no permanent total service-connected disability prior to March 31, 2020.
The deciding factor: The evidence does not show an increase in disability for the lumbar spine or bilateral lower extremity radiculopathy disabilities within one year prior to March 31, 2020, when the Veteran's intent to file a claim was received by VA.,There is no permanent total service-connected disability prior to March 31, 2020, which would allow for basic eligibility to Dependents' Educational Assistance (DEA) benefits.
- Claimed conditions
- Degenerative disc disease of the lumbar spine with traumatic arthritis and intervertebral disc syndrome, Radiculopathy, right lower extremity, Radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 12, 2024
- Citation
- A24055693
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 A24055693.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's PTSD is rated at 50 percent, and the appeal for an increased rating is denied. The Veteran's degenerative osteoarthritis and degenerative disc disease of the lumbar spine, radiculopathy, right lower extremity, diabetic nephropathy chronic kidney disease, right great toe bunion and gout, and TDIU are all granted.
- Remanded (sent back)
The Veteran's service connected thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, radiculopathy of the right upper and lower extremities, and radiculopathy of the left upper and lower extremities are all remanded for further development.
- Remanded (sent back)
The Board remands the claims for an increased initial rating for a low back disability and radiculopathy, right and left lower extremities due to a need for additional evidence.
- Dismissed
The Board dismissed the appeal for service connection for SLAP tear, right upper extremity and denied service connection for radiculopathy, left lower extremity. Service connection was granted for radiculopathy, right lower extremity effective September 13, 2021.
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