The Board denied the Veteran's claim of clear and unmistakable error (CUE) in a May 30, 2001 rating decision that granted service connection for lumbosacral strain with degenerative disc disease and TDIU effective February 22, 1999. The Board found no CUE as the decision was not flawed or undebatably erroneous considering the evidence then of record and statutes and regulations then in effect.
The deciding factor: The Board determined that there was no CUE in the May 30, 2001 rating decision because the correct facts were before the adjudicator and the statutory provisions extant at the time were correctly applied. The Veteran's claim for earlier effective date based on CUE was denied.
- Claimed conditions
- lumbosacral strain, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 12, 2019
- Citation
- 19184986
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.
- Granted
The Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.