The Board denied an earlier effective date for the award of service connection for a cervical spine disability based on clear and unmistakable error in prior rating decisions.
The deciding factor: There was no CUE in the May 2004 and June 2004 rating decisions that denied service connection for a cervical spine disability, as the evidence did not establish an outcome-determinative error of fact or law at the time of the decision.
- Claimed conditions
- Degenerative arthritis and degenerative disc disease of the cervical spine with strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- A24062689
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
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Other Board decisions on a similar condition or argued the same way.
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- Granted
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