The veteran's service-connected disabilities, including his low back disability and loss of use of lower extremities, would have met the statutory duration requirements for a total disability rating at the time of his death but for clear and unmistakable error in the December 1996 RO rating decision. The effective date should be August 30, 1990.
The deciding factor: The veteran's service-connected disabilities would have met the statutory duration requirements if not for CUE in the December 1996 RO rating decision that improperly assigned an effective date of February 6, 1992. The earliest documentation by VA showing his low back disability more closely approximating a 60 percent schedular rating and rendering him unemployable was dated on August 30, 1990.
- Claimed conditions
- herniated nucleus pulposus, L5-S1, loss of use of lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 29, 2006
- Citation
- 0640230
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 0640230.
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.
- Dismissed
The appeal was dismissed due to the Veteran not timely filing a Notice of Disagreement.
- Remanded (sent back)
The Board remanded all issues for further development and examination. The Veteran's claims involve various ratings for service-connected disabilities related to the lumbar spine, lower extremities, and knees.
- Denied
The Board denied a rating greater than 20 percent for the Veteran's lumbar spine disorder, as the evidence did not support forward flexion limited to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.
- Dismissed
The Veteran withdrew his appeals for increased ratings for herniated nucleus pulposus and a total disability rating based on individual unemployability (TDIU). As a result, the Board dismissed these appeals.
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