The Veteran is attempting to reopen a final rating decision from March 20, 2007 which assigned a 40 percent rating effective November 18, 2006 for his thoracolumbar spine disability. The claim of entitlement to an earlier effective date than November 18, 2006 is dismissed as the Veteran's arguments do not establish clear and unmistakable error (CUE) in the March 2007 rating decision.
The deciding factor: The March 2007 rating decision was final due to lack of timely appeal by the Veteran.
- Claimed conditions
- Thoracolumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 22, 2013
- Citation
- 1338617
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 1338617.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his cervical spine, thoracolumbar spine, left shoulder, right shoulder, upper extremity neurological, and lower extremity neurological disabilities due to inadequate VA medical examinations in March 2019 and January-May 2016. The new examinations must consider the Veteran's reported onset dates for his symptoms.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Remanded (sent back)
The Board has remanded the Veteran's claims for thoracolumbar spine disability and left hip disability due to inadequate medical opinions in the original decision. The claims will be reconsidered with new medical opinions.
- Granted
The Veteran's thoracolumbar spine disability is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted. The evidence does not support a finding of entitlement to an increased rating for this condition.
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