The Board found that new and material evidence had been submitted to reopen the claim for service connection for a lumbosacral spine disability. The appellant's pre-service history of low back problems due to a congenital shortening of the left lower extremity, combined with possible aggravation during service, supported the reopening of the claim.
The deciding factor: The Board found that new evidence submitted by Dr. Bersani supported the possibility that the appellant's pre-existing lumbosacral spine disability was aggravated during service.
- Claimed conditions
- lumbosacral spine disability
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 14, 2004
- Citation
- 0415121
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 0415121.
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.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Denied
The Board denied service connection for multiple disabilities, including bilateral wrist, ankle, foot, shoulder, allergic rhinitis, sinusitis, lumbosacral spine, and carpal tunnel syndrome, as the evidence did not support a finding that these conditions were related to active service.
- Dismissed
The appeal for service connection for a lumbosacral spine disability and an acquired psychiatric disability is dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied service connection for cervical spine, lumbosacral spine, left lower extremity paresthesia, left upper extremity paresthesia, acquired psychiatric disorder, and headaches as they were not shown to be related to the Veteran's military service.
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