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
Veterans Law Judge
Decisions by this judge: 2,011 · Granted: 24% (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 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 Veteran's claim for a higher rating for right knee instability is granted, with a 30 percent rating. The claims for increased ratings for right knee osteoarthritis (flexion) and left hip strain, osteoarthritis and bursitis based on painful motion are denied. The claim for an increased rating for right ankle osteoarthritis is also denied.
- Granted
The Board has determined that the Veteran's right knee condition is etiologically related to service and grants service connection for this disability.
- Dismissed
The Veteran's appeal for reducing his disability ratings for cervical spine conditions has been withdrawn by the Veteran's representative.
- Granted
The Veteran's degenerative arthritis and intervertebral disc syndrome of the cervical spine are granted as service connected due to continuity of symptoms since service.,The Veteran's skin cancer, including squamous cell carcinoma and basal cell carcinoma, is granted as service connected based on presumed exposure to burn pits during his service in the Persian Gulf.
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