The Board found that the April 1970 rating decision was clearly and unmistakably erroneous in failing to award service connection for epiphysis dysplasia tarda and a back disability to include spondylolisthesis due to clear and unmistakable error (CUE) in applying the provisions of 38 C.F.R. § 3.1(m).
The deciding factor: The Board determined that the April 1970 rating decision failed to properly apply the Army Medical Board's finding that the veteran's preexisting epiphysis dysplasia tarda and spondylolisthesis were aggravated in service, which is binding on VA under 38 C.F.R. § 3.1(m).
- Claimed conditions
- epiphysis dysplasia tarda, back condition to include spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2005
- Citation
- 0519395
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 0519395.
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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