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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation A23035642.
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.
- 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.
- 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.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
- Granted
The Veteran is granted a total disability rating due to individual unemployability (TDIU) effective September 23, 2019.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.