The Board has granted service connection for degenerative disc disease of the lumbar spine effective September 5, 1953, which is the day after the Veteran's separation from active duty. This decision was based on a finding of clear and unmistakable error (CUE) in the December 1954 rating decision that denied service connection for a back disorder.
The deciding factor: The Board found that the December 1954 rating decision contained CUE because it incorrectly applied the statutory provisions extant at that time, which led to an incorrect determination of whether spondylolysis (a degenerative condition) constituted a defect under the 1946 Schedule for Rating Disabilities.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- August 8, 2019
- Citation
- 19161574
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 19161574.
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 service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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