The veteran's claim of CUE in the September 1975 rating decision, which reduced his disability rating for chronic low back sprain from 10 percent to noncompensable, is granted.
The deciding factor: The Board found that the provisions of 38 C.F.R. § 3.344 were not properly followed and that the result would have been manifestly different but for the error in failing to properly apply these regulations.
- Claimed conditions
- chronic low back sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 9, 2005
- Citation
- 0521393
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 0521393.
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.
- Remanded (sent back)
The Veteran's compensation benefits were withheld for 26 training days in FY 2019. The AOJ needs to clarify the number of training days performed by the Veteran and verify all paid and unpaid ACDUTRA or INACDUTRA dates served during that year.
- Denied
The Veteran's claim for an increased evaluation for his chronic low back sprain was denied by the Board, as it is not productive of unfavorable ankylosis or incapacitating episodes.
- Denied
The Veteran's chronic low back sprain is not productive of unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, and therefore, his claim for a disability rating in excess of 40 percent for this condition has been denied.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected low back disability.
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