The veteran is seeking an earlier effective date for service connection of degenerative disc disease of the lumbosacral spine at L3-4 and L4-5, based on a claim of clear and unmistakable error in a previous rating decision. The case must be remanded to allow the RO to consider this issue.
The deciding factor: The veteran's claim is inextricably intertwined with his challenge to the January 1961 rating decision that denied service connection for mild lumbosacral strain, and thus cannot be decided without first considering whether there was clear and unmistakable error in that decision.
- Claimed conditions
- degenerative disc disease of the lumbosacral spine at L3-4 and L4-5
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2008
- Citation
- 0809205
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 0809205.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied an earlier effective date for the grant of service connection for degenerative disc disease of the lumbosacral spine at L3-4 and L4-5, finding no clear and unmistakable error in a 1961 rating decision that denied service connection.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
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