The Board denied the Veteran's request to revise the effective date of May 1, 1999 for a TDIU due to CUE. The Veteran argued that he should have received an earlier effective date of November 13, 1989, but the Board found no clear and unmistakable error in their decision.
The deciding factor: The Board determined that the Veteran had limited his appeal to a 60% rating for his back disability, which was granted on May 1, 1999. The effective date of TDIU was assigned based on this grant of benefits.
- Claimed conditions
- postoperative residuals, herniated nucleus pulposus, with sciatica and abnormal curvature of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 15, 2010
- Citation
- 1009691
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. Read the original VA decision (opens in a new tab) using citation 1009691.
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).
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Other Board decisions on a similar condition or argued the same way.
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