The appeal seeking revision or reversal of the January 27, 2016 rating decision that reduced from 40 to 10 percent the rating for service-connected low back disability was denied.
The deciding factor: The Board found no clear and unmistakable error in the January 27, 2016 rating decision as it did not meet the stringent definition of CUE required by law.
- Claimed conditions
- low back strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2024
- Citation
- A24073319
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.
- Partly granted
The Board granted service connection for migraines, including migraine variants, secondary to the Veteran's service-connected disabilities and granted a TDIU rating on an accrued basis.
- Denied
The Board found that the veteran's current back disorder is not etiologically related to his in-service back complaints, a disease or injury which had its onset in service, or is otherwise related to service. As such, the claim for service connection was denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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