The Board denied the motion to reverse or revise on the basis of clear and unmistakable error (CUE) a June 27, 2005 rating decision that did not grant service connection for radiculopathy of the right lower extremity and left lower extremity secondary to a service-connected lumbar spine disability.
The deciding factor: The evidence of record at the time of the June 27, 2005 rating decision contained conflicting evidence as to whether the Veteran had a current diagnosis of radiculopathy, and the RO adjudicated the issue based on this evidence.
- Claimed conditions
- Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2025
- Citation
- A25037008
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 service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
- Denied
The Board denied entitlement to a TDIU prior to April 15, 2011, as the Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantial gainful employment.
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