The Veteran's claim for an earlier effective date for service connection of a back disability is denied.,Effective dates are granted for the grant of service connection for right and left lower extremity radiculopathy, both from November 30, 2010.,The Veteran’s TDIU claim is remanded due to lack of schedular rating requirements.
The deciding factor: No earlier formal or informal claims were received prior to May 24, 2005 for service connection of a back disability. The effective date must be the date of receipt of the claim.,The Veteran's radiculopathy was first diagnosed on November 30, 2010, and as part of his underlying back disability. Effective dates are granted from that date.,The Veteran does not meet schedular requirements for TDIU but is unemployable due to service-connected disabilities.
- Claimed conditions
- Back Disability, Radiculopathy of the Right Lower Extremity, Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2018
- Citation
- 18153104
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 18153104.
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.
- Remanded (sent back)
The Board has determined that the VA rating decision denying service connection for a right knee disability and a back disability is not supported by adequate medical opinions, and thus remands the case for further development.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection of a left knee disability, back disability, and left elbow disability must be remanded due to inadequate VA examinations. The Veteran provided lay reports of symptoms but the VA examiners did not consider these reports in their conclusions.
- Remanded (sent back)
The Board has remanded the issues of service connection for right eye, left eye, left knee, and back disabilities due to conflicting statements from the Veteran and inconsistencies in his medical records.
- Denied
The Board denied the Veteran's claim of service connection for a back disability, finding that there was no evidence of an in-service injury or disease and that the current condition is not related to service.
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