The Board granted service connection for a psychiatric disorder, resolving reasonable doubt in favor of the Veteran. The claim to reopen for a lumbar spine disorder was denied as new and material evidence was not presented.
The deciding factor: The evidence falls at least in relative equipoise as to whether an in-service sexual trauma occurred, which is causally linked to the currently diagnosed psychiatric disorder. However, there was no new and material evidence submitted regarding the lumbar spine disorder since the 1990 denial.
- Claimed conditions
- depression and anxiety, lumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2009
- Citation
- 0906573
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The veteran withdrew his appeals for service connection for an acquired psychiatric disability and sleep apnea, and the Board has no jurisdiction to review these appeals.
- Dismissed
The Veteran withdrew his claims for service connection for a lumbar spine disorder, diabetes mellitus, and bilateral diabetic neuropathy.
- Dismissed
The Board denied the veteran's appeal for timely filing of an appeal request, dismissing the attempted appeal.
- Remanded (sent back)
The Board remands the claims for service connection for various disorders, including a lumbar spine disorder, left elbow disorder, and others, to correct duty to assist errors.
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