The Board has reversed the February 1987 rating decision denying service connection for residuals of fracture of the transverse processes of L2-4 due to clear and unmistakable error. Service connection is granted for this condition. The veteran's appeal seeking service connection for hearing loss was withdrawn, and thus dismissed.
The deciding factor: The veteran's failure to report for a VA examination resulted in the RO applying presumptive provisions that were not applied in favor of the veteran, leading to legal error (CUE).
- Claimed conditions
- residuals of fracture of the transverse processes of L2-4, hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2006
- Citation
- 0608849
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.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Partly granted
The Board dismissed the appeal for service connection for anxiety disorder and denied service connection for hearing loss. The claims for service connection for GERD, right ankle limitations, and sinusitis were remanded for further development.
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