The Board has determined that there was clear and unmistakable error in the May 2004 rating decision assigning an effective date of May 10, 2002 for service connection of a lumbar spine disability. The effective date is now set at January 14, 2002.
The deciding factor: The Veteran filed an application to reopen his previously denied claim on January 14, 2002, which was the correct date for the effective date determination.
- Claimed conditions
- lumbar spondylolisthesis, spondylolysis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2016
- Citation
- 1600595
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 1600595.
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.
- Granted
The Veteran's spondylolysis was granted a 40 percent rating from November 25, 2013 to October 26, 2023. The condition resulted in forward flexion of the thoracolumbar spine being limited to 20 degrees during use over time.
- Dismissed
The Veteran's attorney has withdrawn the appeal, and thus the claims for increased ratings are dismissed.
- Dismissed
The Veteran withdrew her appeal of all claims currently pending before the Board, including those for an earlier effective date for hypothyroidism and higher ratings for various conditions.
- Remanded (sent back)
The Board remands the claim for an increased evaluation of lumbar spondylolisthesis due to an inadequate VA examination.
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