The Board denied the Veteran's claim for an earlier effective date based on a timely VA Form 9 appeal, as the Veteran filed his appeal after the one-year period from the October 2016 rating decision. The Board found that there was no CUE in the denial of service connection and thus could not grant an earlier effective date.
The deciding factor: The Board determined that the March 23, 2017 Statement of the Case was properly sent to the Veteran's attorney and that he had sufficient notice regarding the timeframe for filing a VA Form 9 appeal. The Board also found no CUE in the denial of service connection.
- Claimed conditions
- Back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2019
- Citation
- 19160628
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 19160628.
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.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Partly granted
The Board denied service connection for bilateral hearing loss and a disability rating in excess of 10 percent for the right ankle disability, but remanded claims for service connection for sinusitis and back disability.
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