The Veteran's claims for service connection for lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, and major depressive disorder with generalized anxiety disorder (MDD with GAD) are being remanded due to a duty to assist error. The effective date for MDD with GAD is currently set at March 21, 2024, but the Board finds that an earlier effective date may be warranted if service connection can be established on a different basis.
The deciding factor: The Veteran's claim for secondary service connection for MDD with GAD cannot precede the effective date of his underlying lumbosacral strain disability. The only way to establish an earlier effective date is if the evidence shows that entitlement arose at the time of receipt of the original claim or anytime between then and the currently assigned effective date.
- Claimed conditions
- lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, major depressive disorder with generalized anxiety disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2026
- Citation
- A26014341
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 A26014341.
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 Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
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