The Board has reopened the claim for service connection for a back disability and found that new and material evidence had been presented. The Veteran's scar on left side of his neck was not present in service or for many years thereafter, and is not etiologically related to service. The criteria for a compensable evaluation for an umbilical hernia have not been met.
The deciding factor: The new evidence submitted by the Veteran includes medical records indicating current back symptoms following service, which raises a reasonable possibility of substantiating his claim for service connection for a back disability. However, there is no credible evidence linking the scar on the left side of his neck to military service or any other etiology.
- Claimed conditions
- back disability, bilateral hearing loss, tinnitus, residuals of lymph node, left side of neck (claimed as scar on left side of neck), umbilical hernia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2010
- Citation
- 1029833
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 1029833.
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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