An effective date of May 25, 1977 is granted for the grant of service connection for degenerative arthritis and intervertebral disc syndrome of the lumbar spine (low back disability). The issue of whether a clear and unmistakable error was committed by the rating decision dated December 19, 1977 which denied service connection for a back condition to include degenerative arthritis and intervertebral disc syndrome of the lumbar spine is dismissed as moot.
The deciding factor: The effective date of May 25, 1977 was granted based on newly received service department records that supported the Veteran's account of sustaining a back injury in combat during September 1968.
- Claimed conditions
- degenerative arthritis, intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 13, 2020
- Citation
- 20002693
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 appeal seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
- Granted
The Board granted service connection for a right foot disability, diagnosed as degenerative arthritis, fibrocartilaginous calcaneonavicular with lateral cuneiform cuboid coalition, other unspecified right ankle disorder, and status post right foot fracture.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
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