The April 2009 rating decision was reversed due to clear and unmistakable error, granting service connection for the Veteran's back disability effective from March 19, 1996. From June 2, 2014, forward, an initial disability rating of 40 percent is granted for the service-connected lumbar spondylosis with spondylolisthesis status post fusion.
The deciding factor: The decision was reversed due to clear and unmistakable error in the April 2009 rating decision that denied service connection for a back disability, which had been awarded effective from March 19, 1996.
- Claimed conditions
- lumbar spondylolysis with spondylolisthesis with radiculopathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 12, 2024
- Citation
- 24007319
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 24007319.
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.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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