The Board denied the Veteran's requests for earlier effective dates for service connection and higher ratings, finding that an earlier effective date is not warranted based on the September 1, 2022 intent to file form received by VA.
The deciding factor: The Federal Circuit invalidated the portion of 38 C.F.R. § 3.155 that excluded supplemental claims from the intent to file framework, and thus the September 1, 2022 intent to file could not be considered as attaching to the October 24, 2022 completed claim.
- Claimed conditions
- Depressive Disorder with Anxious Distress and Insomnia, Right Shoulder Degenerative Arthritis, Left Femoral Nerve Peripheral Neuropathy, Right Femoral Nerve Peripheral Neuropathy, Left Sciatic Nerve Peripheral Neuropathy, Right Sciatic Nerve Peripheral Neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 12, 2023
- Citation
- A23035642
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. Read the original VA decision (opens in a new tab) using citation A23035642.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's appeal for an increased rating for his right shoulder disability and scar was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other criteria.
- Whole decision: Denied
The Veteran's right shoulder replacement resulted in intermediate degrees of residual weakness, pain, or limitation of motion, with flexion and abduction limited to 100 degrees. The claim for a higher initial rating is denied.
- Whole decision: Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
- Whole decision: Granted
The Veteran is granted a total disability rating due to individual unemployability (TDIU) effective September 23, 2019.
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