The Board denied the Veteran's claim for an earlier effective date for service connection due to a lack of evidence showing entitlement prior to January 26, 2007. The Veteran argued that new service records showed he initially injured his neck during service, but this was not considered as it did not change the outcome based on the April 1988 rating decision.
The deciding factor: The effective date for a reopened claim cannot be earlier than the date of receipt of the new claim or the date entitlement arose, whichever is later. In this case, the earliest date after the April 1988 denial was January 26, 2007.
- Claimed conditions
- Degenerative changes of the cervical spine, status post anterior cervical spine fusion
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 9, 2016
- Citation
- 1642960
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. Search VA.gov for the original decision (opens in a new tab) using citation 1642960.
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 the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Whole decision: Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Whole decision: Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
- Whole decision: Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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