The Board has denied the Veteran's request for an earlier effective date for his service connection of thoracolumbar spine disability, finding no indication of a claim or intent to file a claim prior to July 26, 2013. The case is remanded for further examination and rating considerations.
The deciding factor: The Board found no evidence showing the Veteran filed for service connection for a thoracolumbar spine disability any earlier than July 2013.
- Claimed conditions
- Thoracolumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2019
- Citation
- 19106298
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.
- Denied
The Board denied the motions for revision of the July 2015 rating decision on the basis of clear and unmistakable error (CUE) to assign higher disability ratings for cervical spine, thoracolumbar spine, right shoulder, and right elbow disabilities.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include PTSD; left knee disability; right knee disability; thoracolumbar spine disability; sleep apnea; and left foot disability. The claims for fibromyalgia and a compensable rating for hearing loss were denied.
- Denied
The Board denied entitlement to higher ratings for persistent depressive disorder, cervical spine disability, and thoracolumbar spine disability.
- Denied
The Board denied service connection for a psychiatric disability, as the weight of evidence supported that it had its onset during a period of service adjudicated dishonorable for VA purposes and there was no continuity of symptomatology to the present.
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