The Board denied an earlier effective date for a disability rating of 40 percent for bowel obstruction s/p resections with malabsorption syndrome from short gut prior to June 3, 2022. The claims for earlier effective dates for the evaluations of lumbosacral strain with degenerative arthritis and bilateral lower extremity radiculopathy were remanded.
The deciding factor: The evidence did not show definite weight loss or interference with absorption and nutrition required for a higher disability rating prior to June 3, 2022.
- Claimed conditions
- bowel obstruction s/p resections with malabsorption syndrome from short gut, lumbosacral strain with degenerative arthritis, right lower extremity radiculopathy; sciatic nerve, right lower extremity radiculopathy; femoral nerve, left lower extremity radiculopathy; sciatic nerve, left lower extremity radiculopathy; femoral nerve, right hip degenerative arthritis (thigh impairment), right hip degenerative arthritis, limitation of flexion, right hip degenerative arthritis, limitation of extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2025
- Citation
- A25047150
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.
- Partly granted
The Board granted service connection for right and left hip degenerative arthritis as secondary to the Veteran's service-connected right ankle and knee conditions, and major depressive disorder as secondary to his service-connected knee and ankle conditions. The Board also granted a 10 percent rating for allergic rhinitis.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right ankle, bilateral hip conditions and entitlement to specially adapted housing or special home adaptation grant as there is insufficient evidence to determine if the Veteran's pre-existing conditions were aggravated during his period of ACDUTRA.
- Denied
The Board denied the Veteran's claim for an earlier effective date for service connection for lumbosacral strain with degenerative arthritis due to a clear and unmistakable error in a July 1981 rating decision.
- Dismissed
The veteran withdrew the appeal for service connection regarding right hip degenerative arthritis before a decision was made.
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