The Veteran's application to reopen a claim of service connection for respiratory disability was granted, and an effective date of March 22, 2015, but no earlier, was assigned for the award of an increased (10 percent) rating for arthritis of the lumbosacral spine. The application to reopen a claim of service connection for right patellofemoral pain syndrome and patellar chondromalacia was also granted.
The deciding factor: The Veteran submitted new evidence that established the presence of current respiratory disability, which raised a reasonable possibility of substantiating the claim of service connection for respiratory disability. The effective date was assigned based on the factual ascertainability of the increase in rating for arthritis of the lumbosacral spine within one year prior to the claim.
- Claimed conditions
- respiratory disability, arthritis of the lumbosacral spine, right patellofemoral pain syndrome and patellar chondromalacia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 4, 2019
- Citation
- 19143009
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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for complete loss of sense of smell, an acquired psychiatric disability, a low back disability, a respiratory disability, and tinnitus to schedule VA examinations.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea, hypertension, a heart disability, and a respiratory disability due to outstanding service treatment records and insufficient medical evidence.
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