The Veteran's claim for a rating in excess of 40 percent for lower back disability is dismissed.,The Veteran's request for an earlier effective date for the increased 40 percent rating for lower back disability is denied.,The Veteran's claim for an earlier effective date for the initial 20 percent rating for right lower extremity sciatic nerve radiculopathy is granted, with the effective date set at July 31, 2020.,The Veteran's claim for an earlier effective date for service connection of erectile dysfunction is denied.,The Veteran's claim for an earlier effective date for SMC based on loss of use of a creative organ is denied.
The deciding factor: The November 13, 2020 rating decision increased the Veteran's back disability to 40 percent and became final in November 2021. The Veteran did not appeal this determination within one year.,The Veteran filed a supplemental claim for an earlier effective date on August 19, 2020, but the higher level review did not address the rating decision for back disability.,The evidence shows that the increase in disability and entitlement to a 40 percent rating arose on November 11, 2020. The effective date of July 31, 2020 is appropriate as it was the date of the claim for increased rating.,The Veteran filed a claim for service connection for erectile dysfunction on July 31, 2020 and the evidence shows that his right lower extremity radiculopathy followed a similar disability trajectory to his left lower extremity radiculopathy. Therefore, the earliest possible effective date is July 31, 2020.,The Veteran's claim for SMC based on loss of use of a creative organ was granted with service connection for erectile dysfunction and the effective date coincides with the grant of service connection.
- Claimed conditions
- lower back disability, right lower extremity sciatic nerve radiculopathy, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 21, 2024
- Citation
- A24059245
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 A24059245.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Granted
The Board has granted service connection for prostate cancer, coronary artery disease (CAD), diabetes mellitus type II (DM II), hypertension, and erectile dysfunction as secondary to service-connected DM II. The Veteran's exposure to Agent Orange during active service is presumed.
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