The Board denied the Veteran's requests for earlier effective dates for service connection of her thoracolumbar spine and bilateral lower extremity radiculopathy disabilities, finding that no communication prior to July 13, 2015 could be reasonably construed as a claim to reopen.
The deciding factor: The earliest document in the claims file that may be accepted as a claim to reopen service connection for a thoracolumbar spine disorder (and associated radiculopathy) is a claim for VA disability compensation benefits received by VA on July 13, 2015. The Board found no communication prior to this date could reasonably constitute a pending claim to reopen.
- Claimed conditions
- Degenerative joint disease of the thoracolumbar spine with intervertebral disc syndrome, Scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2021
- Citation
- 21076783
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 21076783.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for neck and back disabilities should be remanded due to insufficient evidence regarding the etiology of his conditions.
- Dismissed
The Board has dismissed the Veteran's claims for service connection and increased ratings due to his valid opt-in of specific issues into the modernized review system.
- Denied
The Veteran's claim for service connection for PTSD was denied as there is no current diagnosis of PTSD.,Service connection was granted for scoliosis, with the condition aggravated during service.
- 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.
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