The Veteran is seeking an earlier effective date for the award of service connection for lumbar spine spondylosis with degenerative disc disease, which was granted in November 2006. The Board has ordered remand to clarify whether a revision of the 1980 rating decision based on clear and unmistakable error is sought, determine the actual date of the December 2006 notice letter, and ensure all development actions are completed.
The deciding factor: The Veteran's claim for an earlier effective date is pending as the RO has not yet determined whether a revision of the 1980 rating decision based on clear and unmistakable error should be considered or if new evidence supports reopening the claim.
- Claimed conditions
- lumbar spine spondylosis with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2012
- Citation
- 1200153
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 1200153.
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.
- Partly granted
The Veteran's claims for increased rating and service connection for his acquired psychiatric disability are remanded due to the need for additional medical opinions and examinations.
- Remanded (sent back)
The Board has remanded the claims for left knee patellofemoral pain syndrome with limitation of extension and flexion, as well as right knee patellofemoral pain syndrome. The lumbar spine spondylosis with degenerative disc disease claim is granted with a rating of 20 percent effective July 7, 2015.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to the failure to schedule a VA examination, potential unemployability, and worsening of his service-connected disabilities.
- Denied
The Veteran's lumbar spine spondylosis with degenerative disc disease is rated at 20 percent, the highest possible rating under VA guidelines. The Board found that the evidence did not support a higher rating based on functional loss or other criteria.
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