The Veteran's intervertebral disc syndrome of the lumbar spine was granted service connection, and his low back disability is rated at 20 percent. The decision also addressed whether including intervertebral disc disease as part of the service-connected disability in the November 1995 rating decision constituted clear and unmistakable error (CUE).
The deciding factor: The medical evidence supported the Veteran's claim for service connection, and the Board found that the failure to include intervertebral disc syndrome in the November 1995 rating decision was not CUE.
- Claimed conditions
- Intervertebral Disc Syndrome of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 11, 2009
- Citation
- 0934064
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 0934064.
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 has remanded the claim for service connection of a lumbar spine disability due to incomplete compliance with previous remand directives and deficiencies in the medical opinions provided.
- Partly granted
The Board denied an increased rating for the Veteran's low back disorder and bilateral lower extremity radiculopathy, but granted a 20 percent evaluation for each. The Board also denied service connection for a bilateral knee disorder.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in acquiring specially adapted housing.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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