The Veteran seeks earlier effective dates for service connection of cervical spine DDD and bilateral upper extremity radiculopathy. The Board finds that the claims are not eligible for an earlier effective date due to lack of timely filing or receipt of new and material evidence.,The effective date for service connection is determined based on when entitlement arose, which in this case is March 6, 2009.
The deciding factor: The Veteran's claims are not eligible for an earlier effective date due to the lack of timely filing or receipt of new and material evidence.
- Claimed conditions
- Cervical Spine Degenerative Disc Disease (DDD), Left Upper Extremity Cervical Radiculopathy, Right Upper Extremity Cervical Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2026
- Citation
- A26016338
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 A26016338.
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.
- Denied
The Veteran's cervical spine DDD and IVDS are rated at 30% prior to September 28, 2021, but not higher.,The Veteran's right upper extremity radiculopathy is rated at 20% from February 3, 2023, onwards.,The Veteran's left knee degenerative joint disease is rated at 10% from February 3, 2023, onwards.,The Veteran's vasomotor rhinitis is rated at 10% from February 3, 2023, onwards.,The Veteran's obstructive sleep apnea does not meet the criteria for a higher rating.,The Veteran's GERD (Gastroesophageal Reflux Disease), Hiatal Hernia and Diverticulitis are rated at 30%.
- Partly granted
The Board granted an initial evaluation not to exceed 30 percent for adjustment disorder with mixed anxiety and depressed mood for the period prior to August 8, 2023, but denied a higher rating since that date. The other service connection claims were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including erectile dysfunction and spine conditions, to correct pre-decisional duty-to-assist errors.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation as of January 10, 2020. His TDIU claim is granted with an effective date of that day.
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