The Veteran's appeal for a higher rating for lumbar spine degenerative joint disease was denied. The appeals to reopen service connection for a fracture of the coccyx and fecal incontinence were both denied, but the appeal to reopen service connection for fecal incontinence was granted. Service connection for anxiety disorder was established. The Veteran's claim for TDIU due to service-connected disabilities is remanded.
The deciding factor: The evidence did not meet the criteria for a higher initial rating of 20% or more for lumbar spine degenerative joint disease, and the appeals to reopen service connection were denied as new and material evidence was not provided.
- Claimed conditions
- lumbar spine degenerative joint disease with compression deformity, fecal incontinence, bladder incontinence, anxiety disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2019
- Citation
- 19123779
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.
- Denied
The Board denied service connection for depression, PTSD, and an anxiety disorder due to the lack of a current diagnosis.
- Partly granted
The Board dismissed the appeal for service connection for anxiety disorder and denied service connection for hearing loss. The claims for service connection for GERD, right ankle limitations, and sinusitis were remanded for further development.
- Remanded (sent back)
The Board dismissed the appeal for a total disability rating based on individual unemployability due to service-connected disability (TDIU) and remanded several issues related to increased ratings for various disabilities.
- Granted
The Board granted an earlier effective date for the 70 percent evaluation of anxiety disorder starting from January 16, 2022.
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.