The Board has determined that an earlier effective date of June 12, 2009 for service connection of a neck disability is granted. However, the Veteran's claim for an earlier effective date prior to June 4, 2009, based on clear and unmistakable error (CUE), was denied as there was no evidence showing that the August 2009 rating decision would have been different if CUE had been found.
The deciding factor: The Board found that the Veteran's previous denial of service connection for a neck disability in June 1997 was not due to an error, and thus, an earlier effective date cannot be granted based on CUE.
- Claimed conditions
- neck disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2019
- Citation
- 19102187
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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Dismissed
The appeal was dismissed due to the Veteran's death, as an appellant's claim does not survive their death.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
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