The Board granted revision of the January 2007 rating decision based on clear and unmistakable error (CUE) to reflect a 10 percent disability rating for service-connected chronic lumbosacral strain, effective March 30, 2004.
The deciding factor: The error in the January 2007 rating decision was undebatable and would have manifestly changed the outcome had it not been made, as the Veteran experienced painful motion of her low back which warranted a minimum compensable rating under 38 C.F.R. § 4.59 (2006).
- Claimed conditions
- chronic lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 11, 2025
- Citation
- A25022331
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 for a disability rating in excess of 20 percent for chronic lumbosacral strain and service connection for right leg condition was dismissed due to an impermissible concurrent election of review options.
- Remanded (sent back)
The Board remands the claims for a higher rating for chronic lumbosacral strain and service connection for cervical, left ankle, right ankle, right shoulder, and left shoulder conditions to ensure compliance with due process.
- Partly granted
The Board granted service connection for chronic lumbosacral strain and denied service connection for left knee, right knee, left shoulder, right shoulder, and right ear hearing loss conditions.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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