The Board granted an effective date of December 31, 2019, for service connection for various conditions including paralysis and limitation of motion in the Veteran's limbs and spine.
The deciding factor: VA failed to send the Veteran the requisite notification letter and forms required by 38 C.F.R. § 3.155(b), thus the one-year filing period did not begin, allowing an earlier effective date.
- Claimed conditions
- Paralysis of the left anterior crural nerve, Paralysis of the right anterior crural nerve, Paralysis of the left sciatic nerve, Paralysis of the right sciatic nerve, Limitation of extension of the right thigh, Limitation of flexion of the right thigh, Right thigh condition, general, Limitation of extension of the left thigh, Limitation of flexion of the left thigh, Left thigh condition, Limitation of motion of the right arm, Limitation of motion of the left arm, Intervertebral disc syndrome (IVDS), Cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24071859
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as the evidence did not show that his service-connected disabilities alone were of such nature and severity to preclude him from securing or following substantially gainful employment.
- Granted
The Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Partly granted
The Board granted the restoration of a 20 percent rating for cervical strain from October 1, 2024, and denied compensable ratings for bilateral hearing loss, scars on both knees, upper extremity radiculopathies, and service connection for wrist disorders.
- Partly granted
The Board denied service connection for bilateral hearing loss and an initial compensable rating for hemorrhoids. However, the Veteran was granted a 50% rating prior to June 12, 2024, and a 100% rating from that date forward for his acquired psychiatric disability.
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