The Board denied the claims for earlier effective dates for a 40 percent rating for back disorder and service connection for bilateral lower extremity radiculopathy, as there was no evidence of the required disability prior to September 11, 2023.

The deciding factor: The first indication that the Veteran's back disorder manifested to the degree contemplated by a 40 percent rating or that he had lower extremity radiculopathy was in January 2024, making an earlier effective date unwarranted.

Claimed conditions

lumbosacral strain (back disorder), left lower extremity radiculopathy (sciatic nerve), right lower extremity radiculopathy (sciatic nerve)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

October 28, 2025

Citation

A25093354

Want to see how appeals like this one tend to go? Appeals like mine