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.
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- Denied
The Board denied the Veteran's claims for an initial compensable rating for erectile dysfunction, service connection for a low back disorder, and earlier effective dates for TDIU, DEA eligibility, and SMC at the housebound rate.
- Partly granted
The Board granted service connection for right hand tremors as a manifestation of tardive dyskinesia and carotidynia due to enlarged lymph nodes, while denying service connection for other conditions including irritable bowel syndrome, gastritis, gastric ulcer, submandibular scar, bone spurs of the feet, low back disorder, plantar fasciitis, enlarged right testicle, and cyst on the back.
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