The appeal for service connection for radiculopathy of the right lower extremity was dismissed as moot due to a subsequent grant in a July 2024 rating decision. The claim for an earlier effective date for special monthly compensation based on loss of use of a creative organ was denied, and the claim for a right wrist condition was remanded for further development.
The deciding factor: The denial of the earlier effective date claim is based on the lack of evidence showing entitlement to the benefit prior to August 22, 2021. The remand for the right wrist condition is due to a pre-decisional duty to assist error in that the Veteran was not provided a VA examination.
- Claimed conditions
- Radiculopathy of the right lower extremity, Right wrist condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- A24069935
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the petitions to reopen claims for service connection for diabetes mellitus type II and a right wrist condition due to the withdrawal of the appeals by the Veteran's attorney.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Denied
The Board denied service connection for vertigo, secondary to tinnitus and a compensable rating for the cesarean section scar. The claims for service connection for left ankle condition, right ankle status post achilles tendon repair, right shoulder condition, left shoulder condition, osteoarthritis of both hips, right wrist condition, and left wrist condition were remanded.
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