The Board has granted an earlier effective date of April 1, 2019 for the Veteran's service-connected degenerative arthritis of the spine. The decision affords the Veteran the benefit of the doubt and finds that his claim was filed on April 1, 2019.
The deciding factor: The Board found that the Veteran’s earlier submission of a VA Form 21-526EZ on April 1, 2019 should be considered as the effective date for service connection due to the benefit of doubt and the fact that his claim was not rejected outright by the RO.
- Claimed conditions
- degenerative arthritis of the spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2020
- Citation
- A20018168
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for a deviated septum and right wrist pain, while denying service connection for sleep apnea. The decision also addressed various rating issues and effective dates.
- Partly granted
The Board granted service connection for left hand and right hand essential tremors, as well as increased ratings for knee instability, degenerative arthritis of the spine, and degenerative arthritis of the right ankle. The appeal was denied for a left ankle disability.
- Remanded (sent back)
The Board remands the matter for further development to clarify the Veteran's employment status during the appeal period and determine if a TDIU is warranted.
- Denied
The Board denied the claim for service connection for scoliosis and found that the reduction in the combined disability rating for bulging discs in the lumbar spine, lumbosacral strain, degenerative arthritis of the spine, and spondylosis from 40 percent to 10 percent was proper.
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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.