The Veteran's claim for an earlier effective date for HIV-related illness is denied.,The Veteran's claim for an earlier effective date for lumbar herniated disc and lumbar arthritis is denied.,The Veteran's claim for an earlier effective date for radiculopathy of the left lower extremity is denied.
The deciding factor: There are no prior claims or evidence showing entitlement to HIV-related illness before October 25, 2001. The earliest possible effective date would be the date of claim.,The Veteran's informal claim for lumbar herniated disc and lumbar arthritis was received on August 28, 2007. There were no prior claims or evidence showing entitlement to this disability before that date.,The radiculopathy of the left lower extremity is secondary to the lumbar spine disability, which has an effective date of August 28, 2007.
- Claimed conditions
- HIV-related illness, lumbar herniated disc and lumbar arthritis, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2023
- Citation
- 23058973
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 23058973.
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 denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
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