The Board denied an earlier effective date for the award of service connection for left ankle and back disabilities based on clear and unmistakable error in a June 1984 rating decision.
The deciding factor: The June 1984 rating decision did not contain CUE as there was no evidence that either ignored or improperly discounted relevant records, nor was there any indication of VA's failure to consider VA medical records which were in its constructive possession at the time of the original decision.
- Claimed conditions
- left ankle strain status post lateral collateral ligament sprain, degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2025
- Citation
- A25009101
Veterans Law Judge
Decisions by this judge: 1,893 · Granted: 31% (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 A25009101.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for a higher rating, compensable rating, and extension of temporary total evaluation for his lumbar spine disability have been dismissed due to the Veteran withdrawing all claims in April 2022.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Granted
The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine and associated radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total rating based on individual unemployability (TDIU) effective October 23, 2024.
- Dismissed
The Veteran's appeal for service connection for bowel and/or bladder disability, as well as other claims related to his spine and knee conditions, has been dismissed due to the death of the Veteran. The Board does not have jurisdiction to adjudicate these matters.
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