The appeal regarding entitlement to an effective date earlier than October 11, 2022 for the award of service connection for left lower extremity radiculopathy was denied. The rating for a lumbar spine condition from March 10, 2023 was improperly reduced and reinstated at 40 percent.
The deciding factor: The decision was based on the lack of evidence showing sustained improvement in the Veteran's lumbar spine condition under ordinary conditions of life and work, and the fact that the Veteran's disability ratings for his lumbar spine, PTSD, and right lower extremity radiculopathy remained the same as before the date the October 2022 Intent to File (ITF) form was received by VA.
- Claimed conditions
- left lower extremity radiculopathy, lumbosacral strain, degenerative arthritis, degenerative disc disease (DDD), and intervertebral disc syndrome (IVDS), right lower extremity radiculopathy, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2025
- Citation
- A25009397
Want to see how appeals like this one tend to go? Appeals like mine
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