The appeal seeking an earlier effective date for the award of service connection for lumbar degenerative disc disease based on clear and unmistakable error in a previous decision was dismissed as there are no issues of law or fact to resolve.
The deciding factor: There is no legal basis to challenge the November 2002 rating decision that denied service connection for a low back disability, as it has been subsumed by the January 2008 Board decision and cannot be attacked via CUE allegations.
- Claimed conditions
- lumbar degenerative disc disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2025
- Citation
- A25036193
Veterans Law Judge
Decisions by this judge: 1,911 · Granted: 10% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Look up the original decision on VA.gov (opens in a new tab) using citation A25036193.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- Granted
The Board has granted service connection for migraines, lumbar degenerative disc disease with associated lower extremity radiculopathy, and right and left lower extremity radiculopathy. Service connection is denied for left hip strain and right hip strain.
- Remanded (sent back)
The Veteran's claim for service connection for a back condition was denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for right lower extremity radiculopathy associated with his lumbar spine disability was also denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for a postoperative back scar related to his service-connected lumbar spine disability was denied in December 2009, and the effective date of this denial is May 8, 2013.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with right great toe hallux limitus; bilateral upper extremity radiculopathy; obstructive sleep apnea; cervical degenerative arthritis, disc disease, spinal stenosis, and C4-C7 fusion; left shoulder strain; lumbar degenerative disc disease; right shoulder strain; right knee tendonitis; left knee tendonitis; painful right neck scar; tinnitus; right lower extremity polyneuropathy; and left lower extremity polyneuropathy render him unable to secure or follow any substantially gainful occupation.
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