The Board denied the veteran's claims for increased ratings and earlier effective dates, finding that the evidence did not support a higher rating or an earlier effective date.
The deciding factor: The Veteran's left lower extremity radiculopathy was found to be no more than moderate incomplete paralysis, which does not warrant a higher rating. The earliest claim for service connection for low back disability and related conditions was received on December 4, 2017, so an earlier effective date is not warranted.
- Claimed conditions
- left lower extremity (sciatic nerve) radiculopathy, left lower extremity (femoral nerve) radiculopathy, lumbosacral strain with degenerative arthritis, degenerative disc disease, intervertebral disc syndrome, spondylolisthesis and vertebral fracture (low back disability), chronic obstructive pulmonary disease (COPD), posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2025
- Citation
- A25046424
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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