The Board granted an effective date of April 18, 2023, for the 40 percent rating for left and right lower extremity radiculopathy but denied an earlier effective date for service connection for a lumbar spine disability.
The deciding factor: The evidence used to establish the 40 percent ratings was included with the timely filed March 2024 Fully Developed Claim (FDC), warranting an April 18, 2023, effective date. The claim for service connection for a lumbar spine disability was not properly asserted until after the initial denial in September 2015.
- Claimed conditions
- left lower extremity radiculopathy, right lower extremity radiculopathy, lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2025
- Citation
- A25105173
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