The Board denied an effective date prior to November 4, 2009, for the grant of service connection for a back disability and granted service connection for right lower extremity radiculopathy. The claims for initial ratings, secondary service connection, and TDIU were remanded.

The deciding factor: The Board found that there was no clear evidence to rebut the presumption of regularity regarding the May 1978 notification letter, which omitted the Veteran's street number but was otherwise properly mailed, and thus the February 1978 rating decision became final. The right lower extremity radiculopathy was granted as secondary to the service-connected back disability.

Claimed conditions

lumbar spine spondylosis, T12 compression fracture, T11-T12 degenerative joint disease associated with left paracentral disc protrusion (back disability), right lower extremity radiculopathy, left lower extremity radiculopathy

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 13, 2025

Citation

A25098446

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