The Board found that the May 1969 rating decision denying service connection for back disability was not clearly and unmistakably erroneous, as all available evidence at that time supported the denial. The veteran's claim to reopen in March 2000 resulted in a grant of service connection with an effective date of March 23, 2000.
The deciding factor: The May 1969 rating decision was based on the lack of identifiable pathology of the back attributable to the documented injury during service and supported by X-ray studies conducted both during and shortly after service.
- Claimed conditions
- Degenerative joint disease, Degenerative disc disease, Spondylolisthesis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 30, 2003
- Citation
- 0329699
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 0329699.
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.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Remanded (sent back)
The Board remands the claim for service connection for a back condition to correct pre-decisional duty to assist errors, including obtaining an appropriate medical examination and associated opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
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.