The Veteran's appeal for an earlier effective date for a 40% disability rating for lumbosacral muscle strain with L5-S1 sacralization (fusion) and myofasciitis is dismissed as the claim was not filed in accordance with legal precedent.
The deciding factor: The Veteran attempted to file a free-standing earlier effective date claim, which is precluded by law when seeking an earlier effective date following a final decision. The appeal must be dismissed without prejudice to filing a clear and unmistakable error claim.
- Claimed conditions
- lumbosacral muscle strain with L5-S1 sacralization (fusion) and myofasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 9, 2018
- Citation
- 1801220
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 1801220.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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- Granted
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