The Board dismissed the Veteran's claims for earlier effective dates as they were not filed on the correct form and did not meet legal requirements.
The deciding factor: The Veteran did not file a valid claim for an earlier effective date on the appropriate form, which is required by law.
- Claimed conditions
- Degenerative disc disease, L5-S1 thoracolumbar spine, Sciatica of the left lower extremity (including sacroiliac joint syndrome), Posttraumatic stress disorder with depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- A20015671
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The Board granted service connection for degenerative disc disease, effective November 21, 2022.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.