The Board has determined that the July 1953 rating decision denying service connection for poliomyelitis was clearly and unmistakably erroneous due to a failure to apply a regulatory provision creating a presumption of service connection.
The deciding factor: The regulation in effect at the time provided for a presumption of service connection if the first manifestations of poliomyelitis occurred within one year following separation from active service, which the veteran met.
- Claimed conditions
- poliomyelitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2006
- Citation
- 0639935
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.
- Denied
The Board denied the Veteran's claim for service connection for post-polio syndrome, finding that there was no evidence of aggravation beyond natural progression and that the condition was not incurred during or related to active service.
- Granted
The Veteran's claim for an initial disability rating of 50 percent, but no higher, for poliomyelitis is granted. The effective date for the award of service connection for poliomyelitis is set at March 20, 2013.
- Denied
The Board denied the veteran's application to reopen a claim of service connection for polio, as new and material evidence was not provided.
- Denied
The Board found that the veteran's poliomyelitis was not incurred in or aggravated by service, and thus denied his claim for service connection.
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