The Board has vacated the March 6, 2009 decision denying an initial rating in excess of 20 percent for mechanical low back pain with intervertebral disc syndrome. The May 2006 rating decision is considered final as it denied service connection for an upper back disorder. New and material evidence has been received to reopen the claim for service connection for an upper back disorder.
The deciding factor: New and material evidence was received that relates to an unestablished fact necessary to substantiate the claim for service connection for an upper back disorder, including current diagnosis of thoracic and cervical spine disorders.
- Claimed conditions
- Upper back disorder, Lumbar spine disability (Mechanical low back pain with intervertebral disc syndrome), Thoracic and cervical spine disorders
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2013
- Citation
- 1340932
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 1340932.
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 granted service connection for right ear hearing loss but has remanded the issue of service connection for an upper back disorder due to a lack of examination and opinion regarding this condition.
- Dismissed
The Veteran's appeals for low back, upper back, heel disorder, ear injury, head injury, and cold injury of the feet were dismissed as he withdrew his appeal.,A claim for service connection for an acquired psychiatric disorder was reopened due to new evidence.
- Denied
The veteran's claims for service connection for a cardiac disorder, bilateral knee disorder including arthritis, right shoulder disorder, and upper back disorder were denied as there was no competent evidence of record showing the veteran currently suffers from these conditions.
- Denied
The Board found no evidence linking the veteran's current conditions to his military service, and thus denied all three issues of service connection.
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