The Board has reopened the veteran's claim for service connection due to new and material evidence provided, including statements from individuals who witnessed his alleged back injury during active duty training (ADT) in Egypt. The issue will be remanded to obtain additional medical records and personnel records.
The deciding factor: New and material evidence was submitted that linked the veteran's reported ADT injury with his subsequent back condition requiring surgery, raising a reasonable possibility of substantiating the claim.
- Claimed conditions
- residuals of a back injury, postoperative residuals, L5-S1 hemilaminectomy and diskectomy with L5-S1 transverse process fusion
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2006
- Citation
- 0604301
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 service connection for residuals of a back injury, head injury, and neck injury as the evidence did not support that these injuries occurred during or while traveling from active duty.
- Denied
The Board denied an initial rating in excess of 20 percent for residuals of a back injury and an effective date earlier than May 26, 2023, for the award of service connection for residuals of a back injury.
- Dismissed
The Board dismissed the Veteran's claims for service connection for migraines and residuals of a back injury due to untimely notice of disagreement.
- Remanded (sent back)
The Board remanded the veteran's claims for service connection of residuals from back, head, and neck injuries due to inadequate efforts by VA to obtain necessary records.
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