The Veteran's claim for an effective date earlier than September 30, 2016 for the award of service connection for low back disability has been denied. The claims for a higher initial disability rating and TDIU are being remanded.
The deciding factor: The claim is denied because the effective date cannot be earlier than the date of receipt of claim due to the one-year waiting period after separation from service.
- Claimed conditions
- lumbar spinal stenosis, spondylosis, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19126602
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 appeals for service connection for a cervical spine disorder, lumbar spinal stenosis, and psychiatric disorders were dismissed due to untimely notice of disagreement. The proposed rating reductions for lower extremity radiculopathy were also dismissed.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
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