The Board denied the Veteran's claims for earlier effective dates for service connection due to failures in fulfilling the duty to assist, which are not considered a basis for CUE.
The deciding factor: The RO failed to provide a VA examination prior to issuing its rating decisions, which is required when there is evidence of an event, injury or disease occurred in service and indication that the disability may be associated with the Veteran's service. This failure does not constitute clear and unmistakable error (CUE).
- Claimed conditions
- lumbar intervertebral disc syndrome (back condition), chronic left ankle strain (ankle condition)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2019
- Citation
- 19167018
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 19167018.
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.
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- Dismissed
The appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
- Remanded (sent back)
The Board remands the claims for service connection for unspecified anxiety disorder and major depressive disorder to obtain an adequate medical opinion regarding their etiology.
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