The Board denied the veteran's request for an effective date prior to October 17, 2000 for service connection of lumbar strain with degenerative arthritis, degenerative disc disease and radiculopathy of the left lower extremity based on alleged clear and unmistakable error in a September 1997 rating decision.
The deciding factor: The Board found no CUE in the September 1997 rating decision that denied to reopen the veteran's service connection claim for a low back disorder, as there was no new and material evidence of record at that time.
- Claimed conditions
- lumbar strain, degenerative arthritis, degenerative disc disease, radiculopathy of the left lower extremity
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2007
- Citation
- 0709912
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 0709912.
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.
- Granted
The Board has restored the Veteran's rating for his right elbow condition from 10 percent to 20 percent effective May 5, 2025, finding that the evidence was in equipoise regarding whether there had been improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Granted
The Board has granted earlier effective dates of January 13, 2020 for the service connection of low back disability and related radiculopathy issues. The Veteran's claims were reopened due to new evidence submitted in January 2020.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
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