The Board denied earlier effective dates for the awards of service connection and initial ratings for various conditions, including lumbar strain with degenerative disc disease, left and right lower extremity radiculopathy, and lumbar scarring.
The deciding factor: There is no evidence that a formal or informal claim was submitted prior to January 7, 2010, which would have established an earlier effective date for the awards of service connection.
- Claimed conditions
- lumbar strain with degenerative disc disease, degenerative arthritis of the spine, spinal stenosis, lumbago, status post laminectomy, left lower extremity lumbar radiculopathy, right lower extremity lumbar radiculopathy, lumbar scarring
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2024
- Citation
- A24068202
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Partly granted
The Board granted service connection for a deviated septum and right wrist pain, while denying service connection for sleep apnea. The decision also addressed various rating issues and effective dates.
- Partly granted
The Board reinstated the 50 percent disability rating for squamous cell carcinoma of the scalp with surgical scars, effective February 19, 2024. Service connection was also restored for lumbosacral strain and various radiculopathies.
- Granted
The Board granted initial 40 percent ratings for left and right lower extremity lumbar radiculopathy, but no higher.
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