The Board denied the veteran's claims of clear and unmistakable error (CUE) in a September 1998 rating decision that denied an increased rating for residuals of a burst compression-type fracture at C-7 and service connection for PTSD.
The deciding factor: The veteran did not provide sufficient evidence to establish CUE, as the facts were known at the time and correctly applied the laws and regulations.
- Claimed conditions
- Cervical spine disability, Post-Traumatic Stress Disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 31, 2001
- Citation
- 0119731
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 0119731.
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.
- Partly granted
The Veteran's PTSD was granted a 70 percent rating prior to March 7, 2022, while other claims were denied.
- Granted
The Board granted service connection for an acquired psychiatric disorder, to include PTSD and GAD, as well as tinnitus.
- Denied
The Board denied service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.