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
Veterans Law Judge
Decisions by this judge: 931 · Granted: 42% (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 A25093354.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate VA examinations and a pre-decisional duty to assist error. Additional development is needed for service connection of carpal tunnel syndrome, increased ratings for lower extremity radiculopathies, and obtaining a VA TERA opinion.
- Denied
The Veteran's claim for an earlier effective date prior to August 31, 2017, for the award of service connection for lumbosacral strain (back disorder) was denied as a matter of law.,Claims for left lower extremity radiculopathy and right lower extremity radiculopathy were also denied with effective dates set at July 12, 2021.
- Granted
The Veteran's lumbosacral strain with IVDS and associated radiculopathies of the left and right lower extremities are granted at a 40 percent rating prior to December 27, 2023, and denied for ratings in excess of this level from that date.
- Remanded (sent back)
The Board has remanded two issues: the initial rating for a lumbar disorder and the initial rating for right lower extremity radiculopathy. The remand is due to inconsistencies in the VA examination report, particularly regarding range of motion during flare-ups.
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