The Board denied the Veteran's claims for an earlier effective date for increased rating for his service-connected low back and left shoulder disabilities, as the earliest possible assignable effective date was September 26, 2003.
The deciding factor: The decision was based on the application of law to the facts of the case, specifically that the change in rating schedule regulation governing the evaluation of this condition is the earliest possible assignable effective date.
- Claimed conditions
- Intervertebral disc syndrome (IVDS) and degenerative disc disease (DDD) of the lumbar spine, Residuals, surgery for recurrent dislocations, left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2025
- Citation
- A25030062
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.
- Dismissed
The appeal concerning the service connection for various conditions and the propriety of a rating reduction has been withdrawn by the Appellant.
- Dismissed
The Board denied the veteran's appeals for service connection due to untimely filings.
- Partly granted
The Board granted service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Denied
The Board denied service connection for multiple conditions, including traumatic brain injury (TBI), pain of cervical and cervicothoracic regions, radicular pain and hypoesthesia of left upper extremity, pain and dysfunction of lumbar spine, right sciatic radicular pain, left sciatic radicular pain, right hip pain, left hip pain, right knee pain, left knee pain, post traumatic residual pain of right foot, and bilateral hearing loss.
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