The Board denied an earlier effective date for the award of service connection for thoracolumbar degenerative disc disease, finding that the April 2012 rating decision denying this condition was final and that the earliest possible effective date is April 16, 2019.
The deciding factor: The April 2012 rating decision denying service connection for thoracolumbar degenerative disc disease became final as no timely notice of disagreement was received. The claim did not remain pending despite the denial and new and material evidence was not associated during the appellate period. The effective date is based on the date of receipt of the supplemental claim, which is April 16, 2019.
- Claimed conditions
- thoracolumbar degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- A20015457
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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