The Board has reopened the appellant's claim of service connection for a low back disability due to new and material evidence submitted since the final January 1998 rating decision. The appeal is pending further adjudication by the RO.
The deciding factor: New evidence received since the last denial indicates that there may be a link between the appellant's in-service injury and his current low back condition, raising a reasonable possibility of substantiating the claim.
- Claimed conditions
- low_back_disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2011
- Citation
- 1141428
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 1141428.
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.
- Denied
The Board has determined that the Veteran's low back disability is not related to his service, including an incident where a water tank fell on his leg and foot during training. The evidence does not support a finding of direct service connection.
- Denied
The Board denied service connection for various conditions, including low back disability, bilateral hearing loss, left thumb disability, heart condition, hypertension, right and left knee disabilities, peripheral neuropathies in the upper and lower extremities, migraine headaches, and psychiatric disorder. The decision found that there was no evidence of continuity of symptoms or a nexus to service.
- Granted
The Veteran's low back disability is granted a 40% rating. The initial compensable ratings for hysterectomy and hysterectomy scar are denied, as well as the effective dates for service connection for these conditions. The Veteran also has an increased rating for herpes, but no earlier effective date was granted.
- Denied
The Board has denied the Veteran's claims for service connection for low back disability, migraine headaches, and erectile dysfunction due to a lack of evidence showing these conditions were incurred or aggravated by military service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.