The Board denied the veteran's claims for earlier effective dates and remanded the claim for an evaluation in excess of 20 percent for lumbosacral strain with sacroiliac injury and weakness due to a pre-decisional error in the duty to assist.
The deciding factor: No factually ascertainable increase in disability occurred within one year prior to the date of claim, so the effective date is the date of claim.
- Claimed conditions
- right upper extremity radiculopathy, bilateral tinnitus, lumbosacral strain with sacroiliac injury and weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2025
- Citation
- A25031832
Veterans Law Judge
Decisions by this judge: 857 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25031832.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Board has remanded the claims for service connection for left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
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