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
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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 granted the Veteran's claim for service connection for residuals of right hand injury, including carpal boss and neuritis. The decision is based on a finding that the evidence is approximately evenly balanced as to whether the Veteran's current disability resulted from his active duty service.
- Denied
The Board denied the Veteran's claim for service connection for bilateral metatarsalgia and neuritis, finding that there is no evidence to support a link between these conditions and active service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further examination. The issues include bilateral hearing loss, PTSD, pes planus, knee disabilities, neuritis, right eyebrow scar, and pseudofolliculitis barbae.
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