The Board denied the veteran's claim alleging clear and unmistakable error in a July 1978 rating decision that denied entitlement to a higher disability rating for his back disability. The Board also denied the veteran's request for an earlier effective date for service connection of headaches.
The deciding factor: The Board found no evidence of clear and unmistakable error in the July 1978 rating decision, as it was supported by the clinical findings at that time.
- Claimed conditions
- back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2001
- Citation
- 0125797
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 0125797.
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Dismissed
The Board dismissed the claims for service connection for bilateral hearing loss, hypertension, and shortness of breath as untimely. The claim for a back disability was remanded for further development.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
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