Our client, the veteran, filed a claim for service connection of a lower back disability. The Regional Office found in 2019 the client was involved in a motor vehicle accident while on active duty. The Board disagreed, but failed to properly rebut the favorable finding. To reject a previous favorable finding, such finding must be “rebutted by evidence that identifies a clear and unmistakable error in the favorable finding.” 38 C.F.R. § 3.104(c). The Board cited to no such “clear and unmistakable evidence.” The Secretary agreed the Board erred and the parties jointly moved the Court to vacate the Board’s decision.
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