The Board has reopened the claim for service connection of low back pain due to new and material evidence. The acquired psychiatric disorder is granted as secondary to sleep apnea. TDIU is granted based on combined disability rating.
The deciding factor: New and material evidence was submitted that relates to an unestablished fact necessary to substantiate the claim, namely, whether the current back disorder relates to an in-service injury. The acquired psychiatric disorder is found to be secondary to service-connected sleep apnea due to its impact on the Veteran's ability to work.
- Claimed conditions
- low back pain, acquired psychiatric disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- November 30, 2018
- Citation
- 18154724
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 18154724.
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 remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Granted
The claim for service connection of a low back disability was reopened due to the submission of new and material evidence. The claim is denied as there is no evidence that the current condition is related to service.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for headaches, right hip disorder, left hip disorder, back disorder, and an acquired psychiatric disorder due to a failure to provide notice regarding the Veteran's right to a hearing.
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