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
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.
- Partly granted
The Veteran was granted an earlier effective date of December 9, 2022, for a 100 percent evaluation for PTSD and DEA benefits. The claim for SMC at the 's' rate for housebound status was denied.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to her service-connected disabilities, which include posttraumatic stress disorder and various musculoskeletal conditions.
- Granted
The Board granted a higher level of SMC under 38 U.S.C. § 1114(t) for the Veteran's residuals of traumatic brain injury (TBI), effective March 2, 2022.
- Remanded (sent back)
The Veteran's appeal is being remanded to consider the appropriate initial evaluations for his service-connected low back disabilities and radiculopathy of the bilateral sciatic nerves, including consideration of whether a higher rating may be assigned under all applicable former and current Diagnostic Codes. The TDIU issue is also being remanded.
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