The Board's decision denying service connection for residuals of a herniated disc and neuritis is reversed due to clear and unmistakable error.
The deciding factor: The Board failed to apply the correct regulatory provisions, specifically 38 C.F.R. § 3.78 (now 38 C.F.R. § 3.303(d)), which allows for service connection of a disability diagnosed after discharge if it is etiologically related to service.
- Claimed conditions
- residuals of a herniated disc, neuritis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2006
- Citation
- 0611928
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 Board remands the issue of entitlement to service connection for bilateral metatarsalgia and neuritis for a new VA medical opinion.
- Granted
The Board has determined that the Veteran's current bilateral foot disability had its onset during his military service and granted his claim for service connection.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for an addendum opinion regarding his service-connected disabilities and their impact on his ability to use his feet. The current examination did not address whether his conditions limit him to such an extent that he would be equally well-served by amputation with a prosthetic.
- Denied
The Board found that the veteran's death was not proximately due to or the result of a disease or disability incurred or aggravated during service, or presumptively service connected.
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