The Board has reopened the Veteran's claim of service connection for a low back disability due to new and material evidence submitted since the March 2009 rating decision. The appeal is remanded for further development, including obtaining National Guard records and scheduling an examination.
The deciding factor: New and material evidence was received that relates to unestablished facts (continuity of symptoms) and raises a reasonable possibility of substantiating the Veteran's claim for service connection for a low back disability.
- Claimed conditions
- Low Back Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20006047
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 the claims for service connection for chronic fatigue syndrome, a low back disability, a left knee disability, and a left shoulder disability as there was no evidence to support that these conditions were incurred in or caused by the Veteran's military service.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Partly granted
The Board denied an initial rating higher than 70 percent for PTSD and remanded several service connection claims, including dyspnea, chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome, obstructive sleep apnea, low back disability, and right lower extremity radiculopathy of the sciatic nerve.
- Dismissed
The appeal for an initial compensable rating for GERD was withdrawn, and the claims for service connection for a low back disability, bilateral ankle disability, bilateral knee disability, and right knee disability were denied.
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.