The Board found that the January 1992 rating decision contained clear and unmistakable error (CUE) in denying service connection for aggravation of a low back disorder, chronic low back pain with radiculopathy. The veteran's representative argued that the RO failed to apply the presumption of aggravation correctly due to pre-existing disability from an April 1990 motor vehicle accident.
The deciding factor: The Board found that the evidence clearly and unmistakably established a preexisting low back disorder caused by a motor vehicle accident in April 1990, which was aggravated during service. The presumption of aggravation arose on the record as it stood in January 1992.
- Claimed conditions
- Low Back Disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2003
- Citation
- 0305488
Veterans Law Judge
Decisions by this judge: 1,515 · Granted: 20% (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 0305488.
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
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