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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0828662.
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.
- 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.
- Dismissed
The Veteran's appeals for service connection for various conditions have been dismissed as the Veteran withdrew his claims at a hearing.
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.