BVA Case 22-1803: Back

The veteran asserted that though he was granted service connection in March 1985 for neuropathy of the left common peroneal nerve,the March 1985 rating decision did not address service connection for his back condition.

August 2020 Adjudication of CUE Motion and Appeal In an August 17,2020,rating decision,the RO found that the March 1985 decision was not clearly erroneous in denying claims for service connection for erectile dysfunction,urinary incontinence,left foot drop, and a right lower extremity disability.

The RO did not address the veteran's assertion that the March 1985 decision failed to award service connection for a separate mechanical low back disability.

The Board noted that the March 1985 rating decision became final,and that in October 2013,the veteran filed a claim for service connection for a back disability,which resulted in the RO granting service connection for a back disability with a 20%rating;service connection for right lower extremity neuropathy with a 20%rating;and an increased rating of 20%for left lower extremity neuropathy,all effective from October 8,2013.

The Board noted that in July 2014,the veteran requested an earlier effective date for service connection for a back disability based on CUE in the March 1985 rating decision,arguing that the RO had failed to adjudicate a claim that remained open and unadjudicated since April 1983.

The Board noted that in a final August 2015 rating decision,the RO found no CUE in the March 1985 rating decision,and the RO concluded that an earlier effective date for service connection for a back disability was unwarranted.

The Board noted that in his June 2020 CUE motion on appeal,the veteran again claimed that the failure of the March 1985 rating decision to grant a separate rating for [the] [v]eteran's back disability was CUE.

The Board noted that in August 2021,the veteran's representative claimed that VA incorrectly applied the law and regulations relating to secondary service connection.