The Board has determined that the January 2003 rating decision contained clear and unmistakable error in denying service connection for interstitial lung disease. The September 1994 rating decision did not contain CUE, as it correctly applied the applicable statutory and regulatory provisions at the time. Service connection for low back disorder is granted based on direct evidence of a link to military service.
The deciding factor: The January 2003 rating decision failed to consider the September 2002 VA examination report which indicated that the Veteran's interstitial lung disease was related to his period of service, leading to an erroneous denial. The September 1994 rating decision correctly applied the applicable statutory and regulatory provisions.
- Claimed conditions
- Interstitial Lung Disease, Low Back Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- April 1, 2010
- Citation
- 1012182
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 1012182.
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 reduction of the disability rating for headaches from 50% to 30% is not proper and is void ab initio. Effective dates are denied for various service connection claims.,Multiple issues related to initial disability ratings, effective dates, and earlier effective dates for higher ratings are remanded.
- Remanded (sent back)
The Veteran's claim for a compensable rating for bilateral hearing loss has been denied.,The Veteran's claim for an initial rating in excess of 30 percent for interstitial lung disease is remanded and requires further examination.
- Dismissed
The Veteran withdrew his appeals for higher ratings in excess of 10 percent for his service-connected right knee disability and low back disorder. As a result, the cases are dismissed.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to Agent Orange herbicides during service and the relationship between his interstitial lung disease and his military service.
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