The Board denied the Veteran's claims for revision of the June 2002 rating decision based on clear and unmistakable error (CUE) regarding service connection for right lower extremity radiculopathy and neurological manifestations of the left lower extremity.
The deciding factor: The correct facts, as they were known at the time, were before the adjudicators in June 2002, and the statutory and regulatory provisions extant at the time were correctly applied. The error was not undebatable and did not manifestly change the outcome of the decision.
- Claimed conditions
- right lower extremity (RLE) radiculopathy, neurological manifestations of the left lower extremity (LLE) and S-1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2025
- Citation
- A25046191
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 issues of entitlement to increased ratings for lumbar spine degenerative disc disease with intervertebral disc syndrome, left and right lower extremity radiculopathy, as well as special monthly compensation and total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied restoration of the 20 percent ratings for cervical spine strain, thoracolumbar strain, and right lower extremity radiculopathy due to improvement in the disabilities under ordinary conditions of life and work.
- Denied
The Board denied service connection for hearing loss, hypertension, migraines, and obstructive sleep apnea (OSA) as the evidence did not support a finding that these conditions were related to the appellant's military service. The claims for service connection for right foot disability, left foot disability, cervical strain, lumbar strain, left upper extremity (LUE) radiculopathy, right upper extremity (RUE) radiculopathy, left lower extremity (LLE) radiculopathy, right lower extremity (RLE) radiculopathy, left knee disability, and right ankle disability were remanded for further development.
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