The Veteran's claim for an earlier effective date for the grant of service connection for degenerative joint disease of the lumbar spine is dismissed because it is a free-standing claim and not based on CUE in a final rating decision.
The deciding factor: The claim is dismissed as it is a free-standing earlier effective date claim without alleging clear and unmistakable error (CUE) in the relevant rating decision.
- Claimed conditions
- degenerative joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 12, 2010
- Citation
- 1025804
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 1025804.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for degenerative joint disease of the lumbar spine, finding that the evidence did not support a causal relationship between the Veteran's current disability and his active military service.
- Denied
The Board denied service connection for hypertension, an increased rating for a stroke and stroke residuals, and an increased rating for degenerative joint disease of the lumbar spine.
- Partly granted
The Board granted service connection for rhinosinusitis with nasal polyps on a presumptive basis due to presumed exposure to fine particulate matter during active service in Southwest Asia. The claims for sleep apnea syndrome and degenerative joint disease of the lumbar spine were remanded for further development.
- Partly granted
The Board granted an initial rating of 40 percent for degenerative joint disease of the lumbar spine from February 20, 2013 to January 22, 2020, exclusive of a convalescence period. The other claims were denied.
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