The Board has determined that an earlier effective date of June 12, 2009 for service connection of a neck disability is granted. The Veteran's claim was denied in August 2009 due to lack of new and material evidence. However, the August 2009 decision never became final as new and material evidence was submitted on the same day. Therefore, an effective date of June 12, 2009 is granted for service connection.
The deciding factor: The Board found that the Veteran's claim was not properly denied due to lack of current diagnosis at the time of the August 2009 decision and thus, a finding of clear and unmistakable error (CUE) could not be made.
- Claimed conditions
- neck disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2019
- Citation
- 19102187
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19102187.
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 decided to remand the claim for service connection of a neck disability due to pre-decisional error in not obtaining a VA examination and medical opinion.
- Remanded (sent back)
The Board has remanded the claims for service connection for neck and back disabilities due to a lack of medical evidence supporting the Veteran's assertions. The VA will obtain an examination and provide an opinion on whether these disabilities are related to service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left leg shin splints, right leg shin splints, back disability, and neck disability due to insufficient evidence in the record regarding these conditions.
- Granted
The Board has granted service connection for neck and back disabilities, finding that the Veteran's current conditions are related to his military service.
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