The Board denied a request for an earlier effective date for the grant of service connection for degenerative joint disease and intervertebral disc syndrome of the cervical spine, finding that the Veteran did not file a new claim after her previous denial in February 2005 until March 23, 2012.
The deciding factor: The RO received the Veteran's formal claim for service connection on March 23, 2012, which was later reduced to 30 percent effective from that date. The Board found no indication of a new claim prior to this date.
- Claimed conditions
- degenerative joint disease, intervertebral disc syndrome
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 21, 2018
- Citation
- 18137477
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 18137477.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
- Granted
The Veteran's lumbar spine condition, including degenerative arthritis, intervertebral disc syndrome, bilateral lower extremity radiculopathy, and lumbar hemangioma, is granted as service connected. The evidence supports the conclusion that these conditions began during her military service.
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