The Board has dismissed the issue of an earlier effective date for a higher initial rating in excess of 40 percent for gastrointestinal disorder.,The Board has denied the claim for an earlier effective date for service connection for adenocarcinoma of lung, as there is no evidence of such prior to May 19, 2011.,The Board has remanded the issues regarding earlier effective dates and higher initial ratings for residuals of right hand injury and peripheral neuropathy of the right upper extremity.
The deciding factor: The appellant withdrew their appeal regarding a higher initial rating in excess of 40 percent for gastrointestinal disorder, leaving no issue currently before the Board.,There is no evidence of adenocarcinoma of lung prior to May 19, 2011, and thus an earlier effective date cannot be granted.,The RO’s August 2012 rating decision violated regulatory prohibitions against pyramiding by assigning separate compensable ratings for a right hand muscle injury under Diagnostic Code 5309 and peripheral neuropathy in the right upper extremity under Diagnostic Code 8615.
- Claimed conditions
- gastrointestinal disorder, adenocarcinoma of lung, right hand muscle injury, peripheral neuropathy of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19147927
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (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 19147927.
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 remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Dismissed
The Veteran withdrew his appeals for service connection of peripheral neuropathy in all four extremities, resulting in the dismissal of these claims.
- Dismissed
The Veteran withdrew his appeals for service connection of peripheral neuropathy in all four extremities, resulting in the dismissal of these claims.
- Remanded (sent back)
The Veteran's claims for mental depression/anxiety, obstructive sleep apnea (OSA), and gastrointestinal disorder are remanded due to the need for VA examinations and an adequate medical opinion.
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