The veteran's claim for an initial evaluation in excess of 10 percent for his service-connected degenerative joint and disc disease of the lumbosacral spine is granted. However, the issue of whether there was clear and unmistakable error (CUE) in a prior August 1953 rating decision denying service connection for low back disability must be addressed along with the claim for an effective date prior to November 19, 2004.
The deciding factor: The veteran's current evaluation of 10 percent is appropriate given his range of motion findings and symptoms. The issue of CUE in a previous rating decision complicates the determination of when service connection should have been granted.
- Claimed conditions
- degenerative joint and disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 2, 2008
- Citation
- 0818035
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 0818035.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's back condition is currently rated at 20 percent, and the Board has remanded to determine if a higher rating is warranted due to flare-ups caused by prolonged sitting, standing or laying down.
- Remanded (sent back)
The Board has remanded the case due to incomplete information and need for additional examinations. The Veteran's back disability is being evaluated again, including a new VA examination and retrospective opinion.
- Remanded (sent back)
The Board has remanded the case due to a need for additional development, including obtaining new evidence and scheduling an examination.
- Denied
The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to January 16, 2009.
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