The Veteran's claim for an earlier effective date for the award of service connection for residuals of a neck injury, to include on the basis of clear and unmistakable error (CUE) in a May 16, 1996 RO rating decision, is denied as there was no CUE.
The deciding factor: The Board found that the May 16, 1996 rating decision did not involve CUE and thus remains final. The Veteran's claim for an earlier effective date lacks legal merit.
- Claimed conditions
- neck injury, left eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 4, 2011
- Citation
- 1100390
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 1100390.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including failing to obtain SSA records and VA medical opinions regarding whether the Veteran's left eye disability is secondary to his service-connected hypertension.
- Whole decision: Granted
The Board has granted the Veteran's request to recognize his December 17, 2008 correspondence as a timely and valid Notice of Disagreement (NOD) with the November 2008 rating decision. The underlying compensation claims will be addressed in a separate Board decision under the Legacy appeal system.
- Whole decision: Dismissed
The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the case.
- Whole decision: Granted
The Veteran's kidney stones, neck injury, asthma, and right leg or knee disability are all granted. The Veteran is also awarded a 30% rating for his neck injury. However, the claims for service connection for asthma and right leg or right knee disabilities are remanded due to lack of proper development.
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