The Board granted an effective date of February 25, 2020, for a 20 percent rating for radiculopathy of the left lower extremity and January 20, 2017, for total disability rating based on individual unemployability (TDIU), but denied an earlier effective date than March 6, 2020, for a 40 percent rating for degenerative joint disease of the thoracic and lumbar spine.

The deciding factor: The Board found that the earliest evidence showing the Veteran satisfied the criteria for a 40 percent rating for his service-connected lumbar and thoracic spine disability was March 6, 2020. For radiculopathy of the left lower extremity, February 25, 2020, was the earliest date that showed he met the criteria for a 20 percent rating.

Claimed conditions

Degenerative joint disease of the thoracic and lumbar spine, Radiculopathy of the left lower extremity (LLE), Posttraumatic stress disorder (PTSD)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 30, 2025

Citation

A25008682

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