The Board has determined that the RO's September 1995 rating decision, which denied service connection for a low back disability, was clearly and unmistakably erroneous due to failure to consider the Veteran's in-service injury and subsequent treatment. Service connection is now granted.
The deciding factor: The Court found that the September 1995 rating decision overlooked favorable evidence from both the service treatment records and the VA examination report, which supported the contention of an in-service injury with recurrent symptoms. The Board concluded this constituted clear and unmistakable error (CUE).
- Claimed conditions
- low back strain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2017
- Citation
- 1703809
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 1703809.
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.
- Dismissed
The Veteran withdrew all his appeals, including the one for an increased rating for low back strain.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for athletes' foot, low back strain, and plantar fasciitis due to a lack of a VA examination prior to the August 2020 rating decision.
- Dismissed
The Veteran's appeal for service connection of a low back strain has been withdrawn, resulting in the dismissal of this issue.
- Denied
The Board has denied the Veteran's claims for service connection for left shoulder, right shoulder, and low back disabilities due to a lack of evidence linking these conditions to his active military service.
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