The Board has reopened the veteran's claim for service connection for a low back disability characterized as L5-S1 disc herniation and lumbosacral myositis, finding that new evidence received since the September 1999 denial relates to an unestablished fact necessary to substantiate the claim.
The deciding factor: The Board found that the veteran submitted sufficient evidence to reopen his previously denied service connection claim for a low back disability characterized as L5-S1 disc herniation and lumbosacral myositis, which was initially denied in September 1999 due to lack of competent evidence linking the current condition to military service.
- Claimed conditions
- L5-S1 disc herniation, lumbosacral myositis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 24, 2003
- Citation
- 0336437
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 0336437.
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's appeal for service connection for degenerative disc disease other than IVDS, degenerative arthritis, spinal stenosis, L5-S1 disc herniation has been withdrawn by the Veteran through his authorized representative. As a result, the appeal is dismissed.
- Dismissed
The Veteran's appeal to restore the 40 percent rating for IVDS from January 1, 2023 was dismissed as moot because the RO restored the rating.
- Remanded (sent back)
The Board has determined that there is a need for additional medical examination and opinion to address the etiology of the Veteran's low back disabilities, particularly whether they are related to service or caused by his service-connected bilateral flat feet.
- Granted
The Board has granted service connection for the Veteran's lumbar spine disability, finding that his symptoms had their initial onset during service and have continued to worsen since then. The decision is based on the Veteran's lay statements regarding the onset and continuity of his lumbar spine symptoms.
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