The Board denied earlier effective dates for the grant of service connection and increased rating, but granted restoration of a 40 percent rating for back disability.

The deciding factor: The evidence did not show an earlier date when the Veteran's radiculopathy warranted a higher rating or that his back disability had improved to warrant a reduction in rating.

Claimed conditions

right lower extremity radiculopathy involving the sciatic nerve with diabetic neuropathy associated with degenerative joint disease, degenerative disc disease, and neural-foraminal stenosis of the lumbar spine with intervertebral disc syndrome (RLE radiculopathy), left lower extremity radiculopathy involving the sciatic nerve with diabetic neuropathy associated with degenerative joint disease, degenerative disc disease, and neural-foraminal stenosis of the lumbar spine with intervertebral disc syndrome (LLE radiculopathy), degenerative joint disease, degenerative disc disease, and neural-foraminal stenosis of the lumbar spine with intervertebral disc syndrome (back disability)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 24, 2025

Citation

A25101959

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