The Veteran's appeal is granted as to the issues of service connection for lumbosacral strain with degenerative changes of the lumbar spine, psychiatric disability, and right hip tendonitis. The decision was based on evidence that rebutted the presumption of regularity regarding the mailing of the statement of the case.
The deciding factor: The Veteran submitted sufficient evidence to rebut the presumption of regularity as to the proper mailing of the notice letter concerning the July 2015 Statement of the Case, thus granting the appeal for service connection on the merits.
- Claimed conditions
- lumbosacral strain with degenerative changes of the lumbar spine, psychiatric disability, right hip tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- A20016194
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 claim for a psychiatric disability to correct a pre-decisional duty to assist error, specifically regarding the presumption of soundness at entrance into service.
- Denied
The Board denied higher initial disability ratings for the service-connected psychiatric disability and denied earlier effective dates for TDIU, SMC at the schedular housebound rate, and DEA benefits.
- Partly granted
The Board granted a 70 percent disability rating for the Veteran's psychiatric disability and also granted a total disability rating based on individual unemployability (TDIU), but denied an earlier effective date for service connection.
- Partly granted
The Board granted a 60 percent rating for prostate cancer with residuals, denied ratings in excess of 10 percent for tachycardia and an initial compensable rating for erectile dysfunction, and granted service connection for a psychiatric disability.
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