The Board found no clear and unmistakable error in the June 1980 rating decision that denied service connection for a low back condition, thus denying the claim for an earlier effective date based on CUE.
The deciding factor: The evidence at the time of the June 1980 rating decision did not support finding a chronic low back disability incurred or aggravated by service, and the RO's determination was consistent with the applicable regulations and laws.
- Claimed conditions
- Degenerative arthritis of thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 6, 2015
- Citation
- 1528832
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 1528832.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a higher rating for his service-connected degenerative arthritis of thoracolumbar spine due to insufficient examination and lack of consideration of functional loss due to pain, weakness, excess fatigability, incoordination, flare-ups, and medication effects.
- Dismissed
The Veteran withdrew all his pending Board appeals and is satisfied with his 100 percent combined rating.
- Granted
An earlier effective date of March 9, 1998 for service connection for degenerative arthritis of thoracolumbar spine is granted.,The Veteran's entitlement to initial ratings in excess of 10 percent for sciatic radiculopathy of the left and right lower extremities is remanded.
- Granted
The Veteran's claims for service connection for a back disability and left knee disability have been granted. The specific diagnoses include degenerative arthritis of the thoracolumbar spine and left knee disability, respectively.
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