The Board found that the October 1952 rating decision contained clear and unmistakable error in failing to assign a 10% disability rating for the Veteran's service-connected low back disability, based on evidence showing characteristic pain on motion. The effective date is set at August 22, 1952.
The deciding factor: The RO failed to apply Diagnostic Code 5294 or 5295 when assigning a zero percent rating for the Veteran's service-connected low back disability due to evidence showing characteristic pain on motion.
- Claimed conditions
- Low Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- August 19, 2013
- Citation
- 1326353
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 1326353.
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 decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
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