The September 5, 1991 rating decision was revised to grant service connection for the back disorder of lumbar spondylolisthesis effective May 21, 1991 due to clear and unmistakable error (CUE). The claim was originally denied based on a presumption of soundness, but the evidence showed that the condition likely worsened during service.
The deciding factor: The September 5, 1991 rating decision failed to apply the correct legal standard regarding the presumption of soundness and thus did not properly address whether the Veteran's pre-existing back disorder was aggravated by service.
- Claimed conditions
- back disorder, lumbar spondylolisthesis, spondylolysis with chronic low back pain, lumbosacral radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 2, 2018
- Citation
- 18140151
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 18140151.
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 the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- 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.
- Denied
The Board denied the Veteran's petition to reopen claims for service connection for a back disorder and tinnitus, as new and material evidence was not submitted.
- Partly granted
The Board denied service connection for pes planus (flat feet) and remanded several other issues, including service connection for various disorders and increased ratings for the right knee. The Board granted a 20 percent rating for right knee instability.
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