The Board has granted service connection for the low back disability effective from April 17, 2019, finding that the Veteran's original claim was improperly processed and forfeited due to a delay in notifying him of an improper form. The decision also considers the intent-to-file framework, which allows for the effective date to be backdated to April 17, 2019.
The deciding factor: The AOJ forfeited its right to invoke the proper form requirement when it processed and developed the claim over several months without informing the Veteran of an improper form 'upon receipt'. The Board found that the intent-to-file framework allowed for the effective date to be backdated to April 17, 2019.
- Claimed conditions
- Low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2024
- Citation
- A24068414
Veterans Law Judge
Decisions by this judge: 1,081 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24068414.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claims for increased disability evaluation and effective dates are being remanded due to the need for a new VA examination to address the severity of his low back disability, including whether he has experienced incapacitating episodes of IVDS.
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