The veteran is seeking an earlier effective date for the grant of service connection for cervical facet arthropathy. The case must be remanded to provide proper VCAA notice and to readjudicate the claim based on all available evidence.
The deciding factor: The claims file was lost, requiring additional due process under the VCAA.
- Claimed conditions
- cervical facet arthropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2006
- Citation
- 0614671
Veterans Law Judge
Decisions by this judge: 609 · Granted: 22% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0614671.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining outstanding relevant treatment records.
- Denied
The Veteran's service-connected cervical facet arthropathy is currently evaluated at 20 percent, but the Board found that it does not warrant a higher rating based on the current evidence.
- Denied
The Board denied the veteran's claim for an effective date prior to June 29, 2001 for the grant of service connection for cervical facet arthropathy. The decision found that no earlier effective date is warranted as the veteran did not file a new claim until June 29, 2001.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.