The Board has remanded the case due to an issue involving a claim of clear and unmistakable error (CUE) in a prior rating decision, which is distinct from the main issue regarding the effective date for service connection.
The deciding factor: The CUE claim impacts the determination on the appropriate effective date.
- Claimed conditions
- thoracic spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2021
- Citation
- 21066521
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21066521.
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.
- Granted
The Veteran's psoriasis has been granted a 60 percent rating. The evaluations for his left foot and right foot degenerative joint disease with calcaneal spur, as well as his thoracic spine degenerative disc disease, are being remanded.
- Granted
The Veteran's thoracic spine degenerative disc disease and degenerative joint disease are granted as service connected. The claims for right shoulder, left shoulder, right elbow, and left elbow disabilities are remanded.
- Partly granted
The Board denied earlier effective dates for several conditions but granted an effective date of June 28, 2021 for radiculopathy in the right upper extremity.
- Granted
The Veteran's service-connected disabilities, including PTSD, depression, anxiety, thoracic spine degenerative disc disease, and radiculopathy of the right lower extremity with sciatic nerve impairment, rendered him unable to secure or follow substantially gainful employment from July 26, 2017.
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