The appeal for an earlier effective date for the award of a 20 percent rating for chronic lumbar strain was dismissed, and the claim for an earlier effective date for the separate rating for left lower extremity radiculopathy was denied.
The deciding factor: The earliest date that it is factually ascertainable that the Veteran's chronic lumbar strain resulted in an associated objective neurologic abnormality of LLE radiculopathy is April 1, 2020, and thus an effective date prior to this date for the award of a separate rating for LLE radiculopathy is not warranted.
- Claimed conditions
- chronic lumbar strain, left lower extremity (LLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066272
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remanded the issues of entitlement to earlier effective dates for RLE and LLE radiculopathy service connection awards, finding that the AOJ failed to reconsider these claims under 38 C.F.R. § 3.156(c) after receipt of relevant official service department records. The Board remanded for a VA medical opinion to determine whether the radiculopathy onset occurred prior to September 15, 1999.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for lumbar spine degenerative disc disease with intervertebral disc syndrome, left and right lower extremity radiculopathy, as well as special monthly compensation and total disability rating based on individual unemployability due to service-connected disabilities.
- Dismissed
The Board dismissed the claims for earlier effective dates for entitlement to service connection for left knee patellofemoral pain syndrome with tendinitis, lumbar spondylolisthesis and spondylosis, left lower extremity (LLE) radiculopathy, and allergic rhinitis.
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