The Board has determined that the November 1984 rating decision contained clear and unmistakable error (CUE) in not granting service connection for chronic lumbosacral strain. The veteran's DJD of the lumbosacral spine is now granted.
The deciding factor: The evidence at the time indicated that the veteran's chronic lumbosacral strain was secondary to his service-connected right foot disability, but the rating board held it to be speculative whether this condition was due to his service-connected disability. The Board found this reasoning insufficient and concluded there was CUE.
- Claimed conditions
- chronic lumbosacral strain, degenerative joint disease (DJD) of the lumbosacral spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 8, 2001
- Citation
- 0100341
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 0100341.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Granted
The Board has granted the restoration of entitlement to total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA), effective May 1, 2020. The decision was made due to procedural errors in the previous termination decisions.
- Granted
The Veteran's initial disability ratings for chronic lumbosacral strain with degenerative arthritis, radiculopathy of the left and right lower extremities, and depression have been granted. The Veteran also received a TDIU effective from January 21, 2009.
- Remanded (sent back)
The Board has decided to remand the case due to errors in fulfilling its duty to assist, specifically regarding obtaining private treatment records from Dr. R and a retrospective medical opinion.
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