The Board denied the appellant's claims for an earlier effective date and for clear and unmistakable error in a prior rating decision. The veteran did not have pending claims at the time of his death for these issues.
The deciding factor: There was no evidence of a valid claim for an earlier effective date or for clear and unmistakable error at the time of the veteran's death.
- Claimed conditions
- herniated nucleus pulposus of the cervical spine, muscle contraction headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 2, 2002
- Citation
- 0209023
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 0209023.
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 Board granted a higher initial rating of 70 percent for the Veteran's service-connected somatic symptom disorder with major depressive disorder and generalized anxiety, as well as a higher rating of 50 percent for muscle contraction headaches. However, it denied a total disability rating based on individual unemployability (TDIU) based on a single service-connected disability.
- Remanded (sent back)
The Veteran's TDIU claim is being remanded due to the need for additional VA medical records and completion of a VA Form 21-8940.
- Dismissed
The Veteran's appeal for higher ratings on several conditions has been dismissed due to the withdrawal of his appeal by his representative.
- Remanded (sent back)
The Veteran's claims of increased ratings for various service-connected disabilities are remanded due to the need for additional examinations and evaluations.,The Veteran's cervical spine disability claim is also remanded as an adequate VA examination was not provided in the previous February 2015 neck conditions examination.
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