The Board denied the Veteran's claims for an earlier effective date for both his left and right lower extremity radiculopathy, as there was no evidence of a factually ascertainable increase in severity within one year prior to the claim.

The deciding factor: The evidence did not show a factually ascertainable increase in severity within one year prior to the Veteran's March 13, 2023, claim for an increased rating for his left leg radiculopathy and no earlier claim was made for service connection of his right lower extremity radiculopathy.

Claimed conditions

radiculopathy, left lower extremity with sciatic nerve involvement, radiculopathy, right lower extremity with sciatic nerve involvement

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 30, 2025

Citation

A25008522

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