The Board found no clear and unmistakable error in the November 1988 decision that denied restoration of TDIU rating and increased disability evaluation for herniated nucleus pulposus, L4-L5.
The deciding factor: The Board determined that the mischaracterization of the issue did not constitute CUE as it existed at the time of the November 1988 determination.
- Claimed conditions
- herniated nucleus pulposus, L4-L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 25, 2010
- Citation
- 1007048
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 1007048.
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 Veteran's death was not caused by his service-connected herniated nucleus pulposus, L4-L5. The Board finds no evidence of clear and unmistakable error in the effective date assigned for the TDIU claim.
- Denied
The Veteran's claim for an increased evaluation for her service-connected herniated nucleus pulposus, L4-L5 with hyperplastic ligamentum flavum and encroachment of dural sac was denied as the medical evidence did not show symptoms warranting a higher rating.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining VA treatment records and providing notice compliant with VCAA requirements.
- Denied
The Board denied the veteran's claims for restoration of TDIU and an increased disability evaluation for his service-connected back condition.
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