The Board has determined that the appellant submitted new and material evidence subsequent to the December 1981 Board decision, which allowed for reopening of his claim. The Board concluded that the April 1989 denial was not correct in applying the statutory and regulatory provisions at that time, committing clear and unmistakable error by not reopening the claim.
The deciding factor: The Board found new and material evidence submitted after the December 1981 decision which allowed for reopening of the claim.
- Claimed conditions
- back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2001
- Citation
- 0125657
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 0125657.
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 veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Denied
The Board denied the Veteran's petition to reopen claims for service connection for a back disorder and tinnitus, as new and material evidence was not submitted.
- Partly granted
The Board denied service connection for pes planus (flat feet) and remanded several other issues, including service connection for various disorders and increased ratings for the right knee. The Board granted a 20 percent rating for right knee instability.
- Denied
The Board denied service connection for a left shoulder disorder, right shoulder disorder, back disorder, and neuropathy as the evidence did not support a finding that these conditions were related to the Veteran's military service.
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