The Board has reopened the previously denied claim of service connection for osteoarthritis of the lumbar spine due to new and material evidence being submitted. The claim is now considered on its merits.
The deciding factor: New and material evidence was presented that relates to an unestablished fact necessary to substantiate the claim, raising the reasonable possibility of substantiating the previously disallowed back claim.
- Claimed conditions
- osteoarthritis of the lumbar spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2006
- Citation
- 0600343
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.
- Denied
The Board denied the veteran's claims for earlier effective dates for increased ratings and service connection, finding no persuasive evidence that the criteria for increased evaluations were met prior to the respective claim or examination dates.
- Denied
The Board denied service connection for the veteran's back condition, finding it less likely than not related to service.
- Denied
The Board denied the veteran's claim for an earlier effective date for service connection for adjustment disorder with depressed mood. The decision was based on the lack of new and material evidence within one year of previous denials.
- Partly granted
The Board granted the restoration of a 40 percent rating for osteoarthritis of the lumbar spine effective October 23, 2017, but denied an earlier effective date for service connection for major depressive disorder.
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