The Board is remanding the case to determine if the Veteran timely filed a notice of disagreement (NOD) regarding the effective date assigned for his service connection and SMC awards. The AOJ must also consider whether any relevant rating decision became final due to the submission of new and material evidence.
The deciding factor: The Board requires clarification from the AOJ on whether the Veteran's timely filing of an NOD is necessary for a determination regarding effective dates, as well as consideration of whether any relevant rating decisions were made final by the submission of new and material evidence.
- Claimed conditions
- C-5 quadriplegia, loss of use of both lower extremities, anal and bladder sphincter control
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 23, 2019
- Citation
- 19105276
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.
- Partly granted
The Board granted an effective date of January 21, 2022 for service connection for loss of use of both lower extremities and special monthly compensation based on the need for aid and attendance with a higher level of care.
- Granted
The veteran's effective date for service connection of loss of use of both lower extremities was granted an earlier date of April 6, 2015. The Board found continuous pursuit of the claim since that date.
- Granted
The Veteran's service-connected disabilities, including diabetes mellitus type II, coronary artery disease, peripheral neuropathy of the bilateral upper and lower extremities, and left foot amputation, result in loss of use of both lower extremities. The Board finds eligibility for financial assistance to purchase an automobile and adaptive equipment.
- Dismissed
The Veteran's eligibility for assistance in acquiring specially adapted housing is granted, and the appeal concerning a special home adaptation grant is dismissed as moot.
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