The Board denied the claim for an initial compensable rating for lumbar strain, finding that there was no evidence of arthritis in the record at the time of the October 1994 rating decision. The Veteran's argument based on painful degenerative changes did not meet the criteria for CUE.
The deciding factor: The Board found that the correct facts were known to the VA adjudicators and correctly applied the applicable regulations, but the evidence did not show x-ray evidence of arthritis as required by the law at the time.
- Claimed conditions
- lumbar strain, arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19181048
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
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Other Board decisions on a similar condition or argued the same way.
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- Partly granted
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