The January 1982 rating decision denied service connection for a low back disorder, but the Board found that this was not clearly and unmistakably erroneous. The claim has been reopened due to new evidence received since July 1999. Service connection is granted for Grade I spondylolisthesis at L5-S1 as it existed in December 1981. Service connection is denied for post-operative residuals of a L4-S1 laminectomy and posterior fusion.
The deciding factor: The January 1982 rating decision applied the presumption of soundness, which was not rebutted by the evidence before the RO at that time.
- Claimed conditions
- spondylolisthesis at L5-S1
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- December 8, 2015
- Citation
- 1551278
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 1551278.
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 Veteran's claim for a higher rating for his service-connected spondylolisthesis at L5-S1 with persistent back pain from February 12, 2020 is denied. The case has been remanded due to issues related to TDIU.
- Remanded (sent back)
The Board has reopened the Veteran's claims for service connection for various conditions, but has remanded them for further development and consideration.
- Granted
The Board has determined that the Veteran's current lumbar spine disability, including degenerative disc disease and spondylolisthesis at L5-S1, is presumed to be related to service due to continuity of symptoms since service. The appeal for service connection is granted.
- Remanded (sent back)
The Veteran's claim for service connection for bilateral hearing loss has been reopened, and he is now entitled to a disability rating of 20 percent for his spondylolisthesis at L5-S1. His right lower extremity radiculopathy also warrants a 40 percent disability rating. However, the TDIU claim was denied as the Veteran's service-connected conditions do not render him unable to secure or follow a substantially gainful occupation.
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