The appeal for an earlier effective date in relation to the service-connected intervertebral disc syndrome with thoracic strain, spinal stenosis, thoracic disc herniation, foraminal narrowing, and bilateral uncovertebral spurring was dismissed. The Veteran's initial ratings for right and left lower extremity radiculopathy of the sciatic and femoral nerves were granted at 40% and 30%, respectively.

The deciding factor: The decision was based on the evidence showing that there was no formal or informal claim for service connection prior to August 31, 2021, and the Veteran's symptoms met the criteria for a 40% rating for sciatic nerve radiculopathy and a 30% rating for femoral nerve radiculopathy.

Claimed conditions

Intervertebral disc syndrome with thoracic strain, spinal stenosis, thoracic disc herniation, foraminal narrowing, and bilateral uncovertebral spurring, Right lower extremity radiculopathy of the sciatic nerve, Left lower extremity radiculopathy of the sciatic nerve, Right lower extremity radiculopathy of the femoral nerve, Left lower extremity radiculopathy of the femoral nerve

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

October 6, 2025

Citation

A25085831

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