The Veteran's substantive appeal for the December 2005 rating decision was timely filed, and the Board found that the appeal should be considered as having been submitted on October 11, 2007.
The deciding factor: Credible supporting evidence indicated an additional copy of the substantive appeal had been submitted prior to November 9, 2007.
- Claimed conditions
- status post cervical fusion with degenerative arthritis, status post right rotator cuff repair, degenerative arthritis of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 16, 2010
- Citation
- 1022332
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 1022332.
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.
- Granted
The Board has granted service connection for a back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- Granted
The Veteran's back condition, including degenerative arthritis of the lumbar and thoracic spine as well as degenerative disc disease other than intervertebral disc syndrome, is granted. The right lower extremity radiculopathy and left lower extremity radiculopathy are also granted.
- Remanded (sent back)
The Board remands the claim for a VA examination that complies with Correia v. McDonald to determine the current degree of severity of the service-connected back disability.
- Denied
The Board has denied the Veteran's claim for service connection for a low back condition, finding that there is no causal connection between his in-service event and his current disability.
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