The Board has remanded the cases for further development, including obtaining a new VA examination to assess the severity of the Veteran's cervical spine and low back disabilities. The effective date issue is resolved with an October 31, 2016 effective date for service connection.
The deciding factor: The claim was filed within one year of the Intent to File (VA Form 21-0966) submitted on October 31, 2016, and VA considers the claim to have been filed as of that date. The effective date is thus October 31, 2016.
- Claimed conditions
- Left upper radicular nerve condition with hypohidrosis, Disability of the cervical spine, Low back disability (residuals of status post left pectoral major repair involving muscle group III, with scarring)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2023
- Citation
- 23025744
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 23025744.
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 Board has determined that service connection is not warranted for any of the claimed conditions, as there is no credible evidence linking them to service or any incident therein.
- Granted
The Board has granted service connection for asthma and denied service connection for tinnitus and cervical spine disability. The Veteran's asthma is found to have had its inception during service, while her tinnitus and cervical spine disability are not shown to be related to service.
- Granted
The Board has determined that the veteran's PTSD is service-connected. The cervical spine disability is also found to be related to his service-connected PTSD, and thus service connection for this condition is granted.
- Granted
The Board has granted service connection for an acquired psychiatric disorder and disability of the cervical spine, finding that these conditions are secondary to the veteran's service-connected thoracic and lumbar spine disabilities.
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