The Veteran's request to reopen service connection for a back disorder is denied. Service connection for residuals of traumatic brain injury is granted, but the initial rating for bilateral hearing loss remains noncompensable.
The deciding factor: New evidence does not raise a reasonable possibility of substantiating the claim for a back disorder due to lack of continuity or aggravation from service. The Veteran's current diagnosis of residuals of traumatic brain injury is related to in-service motor vehicle accidents, with a positive medical opinion supporting this relationship.
- Claimed conditions
- Back Disorder, Residuals of Traumatic Brain Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- January 10, 2019
- Citation
- 19102681
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 claims for service connection for an acquired psychiatric disorder, a back disorder, and a gynecological disorder to correct pre-decisional duty to assist errors.
- Dismissed
The appeal for a rating in excess of 70 percent for PTSD and residuals of traumatic brain injury was dismissed due to an improper opt-in to the Appeals Modernization Act. Service connection for insomnia was denied as it is not a separate disability but a symptom of the Veteran's already service-connected psychiatric condition.
- Denied
The Board denied increased ratings for multiple service-connected conditions and denied service connection for several additional conditions, including tinnitus, chronic sinusitis, left sciatic radicular pain of the left leg, traumatic brain injury (TBI), irritable bowel syndrome (IBS), chronic fatigue syndrome, and a back disorder.
- Partly granted
The Veteran's service-connected adjustment disorder with anxiety and depressed mood is rated at 70 percent, but no higher. The claims for service connection for PTSD, a back disorder, and a left hip disorder are remanded.
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