The Board denied earlier effective dates for the Veteran's awards of service connection and denied increased ratings, except for a 20% rating from October 19, 2020 to October 1, 2021 for his lumbar spine disability.
The deciding factor: The lapse between notification of denial in October 2019 and receipt of the supplemental claim in October 2020 broke continuity under 38 C.F.R. § 3.2500(h)(2).
- Claimed conditions
- Degenerative arthritis with a lumbar strain, intervertebral disc syndrome (IVDS), and spinal fusion, Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity, Surgical scar of the back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 29, 2025
- Citation
- A25094026
Veterans Law Judge
Decisions by this judge: 926 · Granted: 33% (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 A25094026.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
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