The Board dismissed the motion to revise or reverse the September 2018 rating decision and remanded the issue of an earlier effective date for service connection for lumbosacral strain with degenerative arthritis.
The deciding factor: The September 2018 rating decision is not considered a final decision subject to revision based on clear and unmistakable error (CUE), as the Veteran's notice of disagreement was filed under VA's legacy appeal system, which does not require the use of a specific form for appeals prior to February 19, 2019.
- Claimed conditions
- lumbosacral strain with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070513
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for an earlier effective date for service connection for lumbosacral strain with degenerative arthritis due to a clear and unmistakable error in a July 1981 rating decision.
- Denied
The Board denied the veteran's claims for an earlier effective date, a higher rating for tinnitus, and service connection for various conditions, including knees and hips.
- Remanded (sent back)
The Board remands the claim for an increased rating for a lumbar disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 20 percent for cervical spine degenerative arthritis and disc disease with IVDS, radiculopathy of the RUE, LUE, lumbosacral strain with degenerative arthritis, LLE, and RLE.
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