The Board denied the veteran's claims for service connection due to a finding of clear and unmistakable error in a rating decision from February 1979, which did not consider intervertebral disc syndrome. The veteran served on the Enewetak Atoll Clean Up project where he was exposed to radiation.
The deciding factor: The Board found that the prior rating decision was based on clear and unmistakable error due to failure to consider intervertebral disc syndrome.
- Claimed conditions
- Heart disorder, Psychiatric disorder, Bronchitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Burn pits / airborne hazards
- Rating
- Not verified here — check the original decision
- Decision date
- December 28, 2000
- Citation
- 0033827
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. Search VA.gov for the original decision (opens in a new tab) using citation 0033827.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
- Whole decision: Remanded (sent back)
The Board has remanded the claim of entitlement to service connection for erectile dysfunction due to insufficient evidence or further clarification.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA examination and opinion regarding the relationship between the Veteran's current psychiatric condition, including PTSD, and service. The Veteran is also not entitled to a rating or effective date as this matter is being remanded.
- Whole decision: Granted
The Veteran's peripheral neuropathy of the right upper extremity is granted as service connected. The left knee disability and psychiatric disorder are remanded for further development.
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