The Veteran seeks effective dates earlier than September 6, 2013 for the grant of service connection for a back disability and radiculopathy of the left lower extremity. The Board denied these claims as there was no CUE in the May 1990 rating decision and the evidence did not support reopening the claims prior to September 6, 2013.,The Veteran also sought an effective date earlier than September 6, 2013 for service connection of radiculopathy of the left lower extremity. The Board denied this claim as there was no CUE in the May 1990 rating decision and the evidence did not support reopening the claims prior to September 6, 2013.
The deciding factor: The Veteran's claims were denied due to lack of clear and unmistakable error (CUE) in previous decisions and because the claims were not reopened before the effective date of September 6, 2013.
- Claimed conditions
- back disability, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2019
- Citation
- 19191599
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19191599.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Granted
The Veteran's adenocarcinoma of the colon is granted as secondary to his service-connected other specified trauma and stressor related disorder to include alcohol use disorder. The back disability claim is remanded for further development.
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