The Board has determined that new and material evidence was submitted to reopen the claim of service connection for a low back disability. The claim is granted as the medical evidence, while in equipoise, places the burden of proof on VA to find that the veteran's current low back disability is related to his active duty service.
The deciding factor: The Board found that new and material evidence was submitted, including private medical opinions linking the veteran's current low back disability to his service. The Board resolved all reasonable doubt in favor of the veteran.
- Claimed conditions
- Low Back Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2006
- Citation
- 0600478
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 claims for service connection for chronic fatigue syndrome, a low back disability, a left knee disability, and a left shoulder disability as there was no evidence to support that these conditions were incurred in or caused by the Veteran's military service.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Partly granted
The Board denied an initial rating higher than 70 percent for PTSD and remanded several service connection claims, including dyspnea, chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome, obstructive sleep apnea, low back disability, and right lower extremity radiculopathy of the sciatic nerve.
- Dismissed
The appeal for an initial compensable rating for GERD was withdrawn, and the claims for service connection for a low back disability, bilateral ankle disability, bilateral knee disability, and right knee disability were denied.
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