The Board found that there was no clear and unmistakable error in the February 1995 rating decision that denied service connection for a back disability, as the outcome would not have been different even if the RO had correctly noted the Veteran's treatment for a back injury during service.
The deciding factor: The error in the February 1995 rating decision was not outcome determinative because there was no evidence of a chronic back disability post-service until almost 11 years after he separated from service, and even then, the letter did not establish a relationship between the Veteran's back disability and service.
- Claimed conditions
- back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905657
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 remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
- Partly granted
The Board granted service connection for a back disability, effective immediately. The Board also granted a 10 percent rating for left knee tendonitis with patellofemoral pain syndrome and degenerative joint disease based on limitation of flexion from October 4, 2024, to the present, and a 50 percent rating for the same condition from February 5, 2025, to the present.
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