The Board denied the claims for increased ratings for left lower extremity (LLE) radiculopathy, right lower extremity (RLE) radiculopathy, and thoracolumbar spine degenerative arthritis due to the Veteran's failure to report for scheduled VA examinations without good cause.
The deciding factor: The denial was based on the Veteran's failure to attend scheduled VA examinations without providing good cause, which prevented the Board from obtaining necessary medical evidence to determine the current levels of severity of the disabilities.
- Claimed conditions
- left lower extremity (LLE) radiculopathy, right lower extremity (RLE) radiculopathy, thoracolumbar spine degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24071946
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.
- 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 remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
- 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.
- Granted
The Board granted service connection for multiple musculoskeletal conditions and a psychiatric condition, all of which were determined to be caused by an in-service injury.
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