The Veteran's claim for service connection for degenerative arthritis of the spine with IVDS was granted effective April 17, 2017. The Board found that an earlier effective date is not warranted and denied her request for increased ratings throughout the period on appeal.
The deciding factor: The effective date for the grant of service connection was determined to be April 17, 2017, which is when VA received the Veteran's reopened claim. The Board concluded that no earlier effective date could be granted as the Veteran did not timely perfect an appeal to the June 2014 decision denying her initial service connection claim.
- Claimed conditions
- Degenerative Arthritis of the Spine with IVDS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2022
- Citation
- 22061968
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 22061968.
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.
- Denied
The Veteran's service-connected degenerative arthritis of the spine with intervertebral disc syndrome did not prevent him from securing or following substantially gainful employment prior to July 1, 2015. Therefore, his claim for a total disability rating based on individual unemployability was denied.
- Remanded (sent back)
The Veteran's bilateral hearing loss is rated as noncompensable, and no increased rating is warranted.,For the period from January 4, 2012 to January 10, 2017, the Veteran’s degenerative arthritis of the spine with IVDS warrants a 20 percent rating. However, for the period after January 10, 2017, no higher than a 20 percent rating is warranted.,The Veteran's radiculopathy of the right lower extremity (RLE) from July 21, 2015 warrants an initial 20 percent rating.,PTSD with depression was rated as 70 percent disabling from July 1, 2015 to January 10, 2017. A TDIU is granted for this period.,TDIU prior to July 1, 2015 and from January 10, 2017 is granted.,An effective date of July 1, 2015 is granted for DEA benefits under 38 U.S.C. Chapter 35.,Issues related to TDIU prior to July 1, 2015 and from January 10, 2017 are remanded.
- Denied
The Veteran's degenerative arthritis of the spine with IVDS did not meet the criteria for a rating in excess of 10 percent prior to April 26, 2014 and in excess of 20 percent from that date.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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