The Veteran's claim for service connection for a right hip disability is being reopened due to new and material evidence.,Service connection for the neck disability was previously denied, but an effective date prior to December 5, 2013, is not granted as no claims were filed before that date.,Claims for left upper extremity radiculopathy and right upper extremity radiculopathy are being remanded due to lack of evidence showing they were part of the original neck disability claim.,The Veteran's COPD claim remains pending with additional development needed.
The deciding factor: New evidence has been received that supports service connection for a right hip disability, thus reopening the claim.,No claims for left upper extremity radiculopathy and right upper extremity radiculopathy were filed prior to December 5, 2013, so no effective date can be granted before this date.,The Veteran's bilateral upper extremity radiculopathy is secondary to his neck disability, which was not claimed until after the effective date of December 5, 2013.,Additional development is needed for the COPD claim.
- Claimed conditions
- Right Hip Disability, Neck Disability, Left Upper Extremity Radiculopathy, Right Upper Extremity Radiculopathy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2022
- Citation
- 22061978
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 22061978.
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 Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
- Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
- Denied
The Board denied an increased rating for the Veteran's right hip disability, finding that her current 10 percent rating adequately reflects her symptoms and limitations.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
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