This decision remands the Veteran's claims for an effective date earlier than June 28, 2012 for service connection of degenerative arthritis lumbosacral spine, radiculopathy left lower extremity, and radiculopathy right lower extremity. The Board finds that no effective date prior to June 28, 2012 is warranted.,An earlier effective date for the Veteran's TDIU claim on an extra-schedular basis is also remanded.
The deciding factor: The Veteran did not file a formal or informal claim for service connection of her disabilities prior to June 28, 2012. The Board finds that no effective date prior to this date is warranted.
- Claimed conditions
- Degenerative arthritis lumbosacral spine, Radiculopathy left lower extremity, Radiculopathy right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2019
- Citation
- 19125095
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 remands the appeal for an addendum opinion that considers the ameliorative effects of medication when evaluating the Veteran's bilateral radiculopathy of the lower extremities.
- Partly granted
The Board granted a 10 percent rating for sinusitis with sinus headaches and remanded several other issues, including increased ratings for radiculopathy of the lower extremities, degenerative arthritis conditions, and service connection for an acquired psychiatric condition.
- Granted
The Veteran's service-connected disabilities precluded him from securing and maintaining substantially gainful employment consistent with his education and occupational experience, effective July 29, 2016.
- Dismissed
The claims for increased ratings for the Veteran's lumbar spine and lower extremity radiculopathy disabilities prior to January 25, 2022 are dismissed.
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