The Veteran's claim of service connection for lumbar spine pain was denied in a September 2013 rating decision. The Board found that the denial was not based on clear and unmistakable error (CUE).
The deciding factor: The failure to note chronic back pain in the September 2013 VA examination did not manifestly change the outcome as service treatment records already indicated chronic low back pain.
- Claimed conditions
- lumbar spine pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2019
- Citation
- 19148820
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 Board denied service connection for various conditions and denied increased ratings for several service-connected disabilities, as the evidence did not support a finding of current disability or aggravation related to service.
- Granted
The Board granted service connection for bilateral tinnitus, left shoulder pain, respiratory insufficiency (dyspnea), lumbar spine pain, and plantar fasciitis. The claim for pes cavus was denied.
- Partly granted
The Board granted a 10 percent rating for hypertension, but denied higher ratings for scars of the left and right thigh, plantar fasciitis of the left foot, hip and knee osteoarthritis, and service connection for various conditions including erectile dysfunction, lumbar spine pain, TBI, and cervical spine pain.
- Partly granted
The Board granted service connection for GERD and hearing loss, right ear, but denied service connection for lumbar spine pain, radicular pain and paresthesia of the lower extremities, allergic rhinitis, chronic fatigue syndrome, functional abdominal pain syndrome, restless leg syndrome, tremors of the hands, respiratory insufficiency, chronic headaches, left ankle sprain, and right ankle sprain.
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