The Board denied the Veteran's original claim for service connection for a low back disability in March 1983. The Veteran did not appeal this decision, and his July 2007 claim was granted with an effective date of July 19, 2007. As there is no earlier unadjudicated claim or evidence of CUE, the Board denied a request for an earlier effective date.
The deciding factor: The March 1983 decision denying service connection for a low back disability was final and not appealed by the Veteran. The July 2007 claim did not present new facts or arguments that would allow for revision of the prior rating action due to clear and unmistakable error (CUE).
- Claimed conditions
- Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 16, 2010
- Citation
- 1022347
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 1022347.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error and requires an additional VA examination for the Veteran's back disability.
- Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service-connection claim for a back condition to include degenerative joint disease and degenerative disc disease. The case is being remanded for further review.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a VA examination to determine the nature and likely etiology of the Veteran's back disability, including whether it is related to service.
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