The Board has reopened the claim for service connection for a low back disability and determined that new evidence received since June 1999 relates to an unestablished fact necessary to substantiate the claim. The appellant's current low back disabilities are presumed to have existed prior to his active service, and he did not provide clear and unmistakable evidence to rebut this presumption. Therefore, the Board has granted service connection for a low back disability.
The deciding factor: The Board found that new evidence received since June 1999 relates to an unestablished fact necessary to substantiate the claim (the existence of a congenital low back abnormality prior to service), and this evidence is neither cumulative nor redundant. The appellant's current low back disabilities are presumed to have existed prior to his active service, as clear and unmistakable evidence does not rebut this presumption.
- Claimed conditions
- low back disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2006
- Citation
- 0604537
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.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
- Denied
The Board denied service connection for hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
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