The Veteran's original claim for service connection for a back disorder was denied in February 1971, and he did not appeal this decision. The effective date of the grant of service connection is fixed based on the facts found, but shall not be earlier than the date of receipt of the claim or the date entitlement arose, whichever is later.,The Veteran's claims for TDIU and basic eligibility for DEA benefits were granted in April 2001 and June 20, 1997 respectively. The effective dates are fixed based on the facts found, but shall not be earlier than the date of receipt of claim or the date entitlement arose, whichever is later.
The deciding factor: The February 1971 denial letter did not include notice of the Veteran's appellate rights, and thus the original claim was denied without a formal appeal. The effective date for service connection cannot be earlier than June 20, 1997 as it is based on the facts found.
- Claimed conditions
- Post discectomy and fusion of the lumbar spine, Depression, Paraparesis of the lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 25, 2012
- Citation
- 1233178
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. Read the original VA decision (opens in a new tab) using citation 1233178.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient findings regarding PTSD and depression, requiring a new VA examination.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to errors in the AOJ's handling of the Veteran's claims for service connection for PTSD, other specified trauma and stressor-related disorder, and depression. The AOJ is required to verify the Veteran's claimed stressor and obtain medical opinions regarding the diagnoses and their relation to service.
- Whole decision: Granted
The Board has granted service connection for Posttraumatic Stress Disorder (PTSD), Anxiety, and Depression as these conditions are found to be related to the Veteran's active military service.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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