The Board denied the appellant's request for an effective date earlier than October 1, 1993 for the payment of DIC benefits based on new and material evidence. The claim was reopened and allowed due to the receipt of such evidence, but the effective date is limited by law.
The deciding factor: The appeal is denied because the law disposes of the issue without any legal merit.
- Claimed conditions
- Back disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 14, 2001
- Citation
- 0116285
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 0116285.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
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