The Board denied the veteran's claim for an earlier effective date for service connection of lumbar back strain, finding that his February 1954 claim was abandoned and a new claim was not received until March 10, 1997.
The deciding factor: The veteran's February 1954 claim was considered abandoned due to lack of response within one year after VA requested additional evidence. A new claim for service connection was not received until March 10, 1997, which is the appropriate effective date under VA regulations.
- Claimed conditions
- lumbar back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 22, 2008
- Citation
- 0828662
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. Search VA.gov for the original decision (opens in a new tab) using citation 0828662.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a lack of adequate examination and opinion regarding his bilateral foot disorders, including neuropathy, and lumbar disorder. The claims will be reviewed with additional examinations and opinions.
- Whole decision: Dismissed
The Veteran's appeals for service connection for various conditions have been dismissed as the Veteran withdrew his claims at a hearing.
- Whole decision: Denied
The Veteran's service-connected lumbar back strain, cervical spine disability, bilateral pes planus, left ankle and knee disabilities, tinnitus, and hearing loss are rated accordingly. The effective date for the grant of service connection is denied prior to December 29, 2015. A total disability rating based on individual unemployability due to service-connected disability (TDIU) and special monthly compensation (SMC) claims have also been denied.
- Whole decision: Granted
The Board granted service connection for a lumbar spine disability, diagnosed as lumbar back strain, degenerative disc disease with posterior annular fissuring at L5-S1, and osteochondrosis and spondyloarthrosis L4-5 and L5-S1.
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