The motion to revise or reverse on the basis of clear and unmistakable error (CUE) a March 2011 Board decision denying service connection for a low back disability, disc herniation at L5-S1 is denied.
The deciding factor: The March 2011 Board decision did not have the incorrect facts before it, nor did the Board misapply the law concerning presumptive service connection and continuity of symptomatology. The outcome would not have been manifestly different even if the Board had considered the evidence cited in the Veteran's CUE motion.
- Claimed conditions
- Low back disability, disc herniation at L5-S1
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2023
- Citation
- 23000789
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.