The Veteran's claims for earlier effective dates for ratings of his left hip and lumbosacral spine disabilities have been denied as a matter of law.,The claim for an earlier effective date for the bronchial asthma rating has also been denied, with the earliest possible effective date being March 6, 2009.
The deciding factor: The claims are denied as they pertain to final decisions that cannot be reopened without a showing of clear and unmistakable error (CUE).
- Claimed conditions
- left hip disability, lumbosacral spine disability, bronchial asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 22, 2021
- Citation
- 21076194
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. Read the original VA decision (opens in a new tab) using citation 21076194.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his lumbosacral spine disability and for TDIU based on that condition due to inadequate examination. The case is being returned for further development.
- Whole decision: Denied
The Board has denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that there is no evidence to support a link between the condition and active duty service or any other factor.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for left and right hip disabilities due to inadequate VA medical opinions. The Veteran will need an adequate VA medical opinion to determine if his hip disabilities are related to service.
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