The Veteran is seeking an earlier effective date for the award of service connection for lumbar spine strain with degenerative changes. The Board has also remanded to consider whether there was CUE in a March 1976 rating decision that denied service connection.
The deciding factor: The claim involves determining if there was clear and unmistakable error (CUE) in the March 1976 rating decision denying service connection for lumbar spine strain with degenerative changes, which could potentially affect the effective date of the award.
- Claimed conditions
- lumbar spine strain with degenerative changes
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2013
- Citation
- 1309920
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 1309920.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's back disability and related radiculopathy are being remanded for further evaluation, including a VA examination to assess the current severity of his conditions. The TDIU claim is also being remanded due to its inextricable link with the other claims.
- Denied
The Board denied the Veteran's claims for service connection for left knee and lumbar spine disabilities due to a lack of evidence showing these conditions were incurred or aggravated during active service.
- Remanded (sent back)
The Veteran's claims for increased ratings for his service-connected left knee, right knee, lumbar spine, and right shoulder conditions are being remanded due to the need for additional development at a correctional facility.
- Denied
The Board has determined that the Veteran's low back disability, including a lumbar spine strain with degenerative changes, is not related to his service and therefore denied his claim for service connection.
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