The Board denied the Veteran's motion to revise a previous decision on the basis of clear and unmistakable error, finding that there was no CUE in the March 2019 decision.
The deciding factor: The March 2019 decision did not contain an analysis of whether new and material evidence had been received within the one-year appeal period following the April 2008 denial, which is required by regulation for cases under the legacy system. The Board found that the Veteran's submission of a VA Form 21-4138 in April 2009 did not constitute new and material evidence.
- Claimed conditions
- Degenerative disc disease, Lumbosacral strain, Bronchial asthma, Gastroesophageal reflux disease (GERD), Morton's neuroma of the left foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2021
- Citation
- 21025688
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 21025688.
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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The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Remanded (sent back)
The Veteran's appeal for service connection for Dupuytren's contracture of the left hand, right hand, and GERD is remanded due to inadequate VA examination opinions and failure to consider toxic exposure risk activities during service.
- Denied
The Veteran's GERD is currently rated at 10 percent disabling, but the Board found that his symptoms do not meet or approximate the criteria for a higher rating.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
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