The Board remands the claims for an earlier effective date as it failed to consider new and material evidence submitted within one year of a July 2011 rating decision.
The deciding factor: The Court directed the Board to consider whether the Veteran's reported contact with VA in December 2011 and subsequent January 2012 VA examination constitute new and material evidence such that the July 2011 rating decision did not become final.
- Claimed conditions
- Intervertebral disc syndrome of the cervical spine, Right knee osteoarthritis, Left thigh and hamstring muscle injury with residual scars, Right thigh and hamstring muscle injury with residual scars
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2025
- Citation
- A25037223
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.
- Granted
The Board granted service connection for plantar fasciitis on the right and left foot, left and right ankle strain, left and right knee osteoarthritis, and left and right hip strain, all secondary to service-connected back and bilateral lower extremity radiculopathy disabilities with weight gain/obesity as an intermediate step.
- Denied
The Board denied the veteran's claims for increased ratings for bilateral hearing loss, tinnitus, left and right knee osteoarthritis, and a TDIU prior to January 7, 2019.
- Partly granted
The Board granted an initial evaluation of 20 percent, but not in excess thereof, prior to April 9, 2012 for degenerative arthritis of the lumbar spine and denied evaluations in excess of 20 percent from that date. The claims for increased ratings for left and right knee osteoarthritis were also denied.
- Denied
The Board denied compensation benefits for prostate biopsy and colonoscopy residuals, as well as service connection for left ankle pain, right ankle pain, left elbow arthritis, right elbow arthritis, and right knee osteoarthritis.
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