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
- Not verified here — check the original 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 indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0611928.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board remands the issue of entitlement to service connection for bilateral metatarsalgia and neuritis for a new VA medical opinion.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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