The Veteran's appeal is remanded for a new VA examination to determine the current severity of his service-connected Parkinson’s disease.,The Veteran's claim for an effective date prior to August 19, 2015, for the grant of service connection for Parkinson's disease is denied.
The deciding factor: A more contemporaneous VA examination is needed due to evidence demonstrating that the Veteran's symptoms may have worsened since the last VA examination in February 2014.,The effective date for a reopened claim of entitlement to service connection after a final prior denial can be no earlier than the date the petition to reopen was filed. There is no provision in either the statutes or the regulations that allows for an earlier effective date based on a reopened claim unless a clear and unmistakable error (CUE) was committed in a prior decision or new and material evidence, in the form of relevant military records, was received after the final decision.
- Claimed conditions
- Parkinson's disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2020
- Citation
- 20002739
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 appeal seeking entitlement to service connection for Parkinson's disease was dismissed due to the Veteran's death during the pendency of the appeal.
- Granted
The Board granted service connection for Parkinson's disease, which is presumed to have been incurred in active service due to exposure to contaminated water at Camp Lejeune.
- Granted
The Board granted an effective date of August 25, 2016 for the award of service connection for Parkinson's disease.
- Denied
The Board denied service connection for Parkinson's disease as the evidence did not support a finding that it began during or is otherwise related to active service.
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