The Board denied the Veteran's claims for an earlier effective date for service connection for left upper extremity radiculopathy and intervertebral disc syndrome with degenerative joint disease, as the evidence did not support an earlier effective date than April 30, 2021.
The deciding factor: The decision was based on the fact that the Veteran's claims were not perfected within one year of the denial in September 2010 and no new and material evidence was received to reopen the claim prior to the expiration of the appeal period. The effective date is fixed by law as April 30, 2021, the date the intent to file a claim was received.
- Claimed conditions
- left upper extremity radiculopathy, intervertebral disc syndrome with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2025
- Citation
- A25026700
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 earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Granted
The Board granted an initial rating of 50 percent for right upper extremity radiculopathy and 40 percent for left upper extremity radiculopathy.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
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