The Board's September 15, 1989 decision denying service connection for a low back disorder is revised due to clear and unmistakable error in failing to apply the correct regulatory provisions.
The deciding factor: The Board failed to consider whether the moving party was entitled to service connection under 38 C.F.R. § 3.303(d), which would have resulted in a favorable decision.
- Claimed conditions
- hypertrophic arthritis of the lumbar spine with degenerative disc disease, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2006
- Citation
- 0601510
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.
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- Granted
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