The Veteran's claims for service connection for cervical spine, right hip, left shoulder, and headache disabilities have been reopened.,An effective date earlier than February 23, 2015, for the assignment of a 50 percent rating for the service-connected persistent depressive disorder with generalized anxiety disorder is denied.
The deciding factor: The evidence received since the September 2013 rating decision includes new and material evidence that relates to unestablished facts necessary to substantiate the claims for cervical spine, right hip, left shoulder, and headache disabilities. The Veteran's current physical complaints are related to a neck whiplash injury in service.,The record does not show communications or evidence submitted by the Veteran or on his behalf during the one-year period prior to February 2015 increased rating claim pertaining to his psychiatric condition.
- Claimed conditions
- Cervical spine, Right hip, Left shoulder, Headache
- 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
- 20006153
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.
- Granted
The Board granted service connection for acquired psychiatric disability, cervical spine, lumbar spine disability (including IVDS), right ankle, and right knee based on the evidence of record.
- Denied
The Board denied the veteran's claims for service connection and increased ratings, finding no current disability or sufficient evidence to support higher ratings.
- Granted
The Board granted an effective date of December 2, 1974, for the award of service connection for both the left and right hips.
- Partly granted
The Board granted revision of the December 2018 rating decision that reduced the disability rating for lumbar spine from 20 percent to 10 percent, effective December 4, 2018, based on clear and unmistakable error (CUE). The March 2015 rating decision that assigned a 10 percent rating for left shoulder disability was denied as it did not meet the criteria for CUE.
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.