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 failure to submit new and material evidence within one year.
- 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
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
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Dismissed
The appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
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