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 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 for appellate consideration.,There is no evidence of adenocarcinoma prior to May 19, 2011, and the effective date cannot be earlier than this date as it represents the earliest date entitlement arose.,The RO granted service connection for residuals of right hand injury in August 2012 but separate ratings under Diagnostic Codes 5309 and 8615 are not allowed due to regulatory prohibitions against pyramiding.
- Claimed conditions
- gastrointestinal disorder, adenocarcinoma of lung, right hand muscle injury, peripheral neuropathy of 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
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.
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- Partly granted
The Board dismissed the claims for service connection for a bladder/bowel control disability and testicular disability as they were already granted. The claim for exposure to burn pits and toxic equipment fires was denied, while other claims were remanded for further consideration.
- Partly granted
The Board granted service connection for TBI, vertigo, left ear hearing loss, sinusitis, and a gastrointestinal disorder. The claims for right ear hearing loss and left knee strain were denied. Service connection was also granted for adjustment disorder with an initial rating of 70 percent, but no higher, and for headaches with an initial rating of 30 percent, but no higher.
- Remanded (sent back)
The Board remands the claims for service connection and a higher initial rating due to an error in providing notice of the right to a hearing.
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