The March 2005 correspondence constituted a timely Notice of Disagreement (NOD) to the May 1971 rating decision which denied service connection for arthritis of the knees and back. Service connection was subsequently granted, effective October 2003.
The deciding factor: VA used an incorrect zip code in mailing the May 1971 notification letter, which caused it not to be delivered to the correct address. The veteran's assertion that he never received the notification letter rebutted the presumption of regularity.
- Claimed conditions
- arthritis of the knees, arthritis of the back
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 7, 2007
- Citation
- 0738554
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 0738554.
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 has determined that new and relevant evidence has been presented to warrant readjudication of the claim for service connection for arthritis of the knees, elbows, and hands. The matter is being remanded for further consideration on a secondary basis due to the Veteran's assertions regarding his hips locking and falling into foxholes.
- Remanded (sent back)
The Veteran's claim of service connection for a back disability is remanded due to the need for an orthopedic examination to determine the nature and likely etiology of his claimed condition. The examiner must identify each diagnosed back disability entity, its likely etiology, and whether it is at least as likely as not related to service.
- Granted
The Veteran's arthritis of the back is granted service connection based on continuity of symptomatology.,Service connection for irritable bowel syndrome (IBS) is granted due to its presumptive relationship as a qualifying chronic disability under Persian Gulf War criteria.,Service connection for a skin disability, manifested by rashes of the hands and feet, is granted based on continuity of symptoms since service.,Service connection for a gynecological disability, residuals of hysterectomy, is granted based on continuity of symptoms since service.
- Remanded (sent back)
The Veteran's eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to a lack of adequate explanation in the VA opinion regarding whether the Veteran requires personal care services based on the criteria listed in 38 U.S.C. § 1720G(a)(2)(C) and 38 C.F.R. § 71.20(a)(3).
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