The Veteran is seeking an earlier effective date for the grant of service connection for degenerative disc disease of the low back, and also wishes to reopen his claim based on new evidence. The case must be remanded to obtain additional VA treatment records and review the issue of whether there was CUE in a previous rating decision.
The deciding factor: The Veteran's request for an earlier effective date requires obtaining relevant VA treatment records from Hampton VAMC, which may affect the determination of when service connection should have been granted. The claim also includes a request to reopen based on new evidence, necessitating review of any previously unavailable records and consideration of whether there was CUE in the previous rating decision.
- Claimed conditions
- Degenerative disc disease of the low back
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 1, 2014
- Citation
- 1413940
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 1413940.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for a low back disability and cervical spine disability, to include bilateral upper extremity radiculopathy.
- Remanded (sent back)
The Board has vacated its January 2022 decision, which denied increased ratings for the Veteran's low back disability and right lower extremity nerves. The issues of increased ratings for sciatic radiculopathy and femoral radiculopathy are remanded. A compensable rating for a surgical scar on the back is also remanded.
- Granted
The Veteran's neck and low back disabilities are granted as service-connected, with the Board finding that there is at least a 50% likelihood that these conditions were caused by his military service.
- Remanded (sent back)
The Veteran's claim for higher ratings for degenerative disc disease of the low back, left and right lower extremity radiculopathy was denied. The case is remanded due to additional development needed.
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