The Veteran's claim for service connection for a failed back syndrome was denied in March 1974. The Board found that the March 1974 decision became final and thus, an earlier effective date is not granted.
The deciding factor: The March 1974 rating decision denying service connection for the Veteran's back disability was considered final due to lack of timely appeal or submission of new and material evidence within one year. The Board found that the weight of credible evidence supported that the Veteran's service treatment records were in fact available at the time of the decision.
- Claimed conditions
- failed back syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 18, 2018
- Citation
- 18159091
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 18159091.
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.
- Denied
The Veteran's claim for a rating greater than 40 percent for his low back disability was denied, and the Board granted entitlement to TDIU based solely on service-connected low back disability.
- Remanded (sent back)
The Veteran's claim for service connection for a back disorder is reopened.,An effective date prior to June 23, 2017, for the grant of service connection for PTSD and DEA is denied.
- Remanded (sent back)
The Veteran's appeal for an evaluation in excess of 40 percent for failed back syndrome is remanded due to the inadequacy of the July 2017 VA spine examination.
- Granted
The Veteran's failed back syndrome, with additional symptoms of peripheral neuropathy, has been rated at 20 percent since December 30, 2009. The claim for TDIU is granted beginning on June 9, 2011.
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