The Board has remanded the case to correct a duty to assist error and adjudicate both the earlier effective date claim and the propriety of the July 2018 reduction.
The deciding factor: The AOJ failed to adjudicate the propriety of the July 2018 reduction before addressing the earlier effective date claim, which is intertwined with this issue.
- Claimed conditions
- intervertebral disc syndrome (IVDS), degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 24, 2019
- Citation
- A19001480
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 A19001480.
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.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Granted
The Veteran's claim for service connection for degenerative arthritis of the spine was granted. The claims for service connection for obstructive sleep apnea and residuals of head injuries and concussions are remanded.
- Dismissed
The Veteran's appeal for an earlier effective date for service connection of intervertebral disc syndrome, traumatic arthritis of the spine with stenosis, and status-post spinal fusion is dismissed due to the Veteran's death.
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