The Veteran's claims for increased ratings for his back and left shoulder disabilities have been granted with effective dates prior to January 8, 2013.,The claim to reopen the right heel bone spur has been denied.
The deciding factor: New evidence was submitted within one year of the November 2011 rating decision, which demonstrated a reasonable probability of substantiating the claims for increased ratings. The Veteran's new theory of entitlement alone cannot be the basis to reopen a claim under 38 U.S.C. § 7104(b) unless there is new and material evidence supporting the newly advanced theory of entitlement.
- Claimed conditions
- Degenerative spondylosis with myofascial iliolumbar mechanical pain syndrome, Intervertebral disc syndrome (back disability), Left shoulder arthritis with bursitis (left shoulder disability), Right heel bone spur
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2022
- Citation
- 22004602
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 22004602.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an initial rating of 50 percent for posttraumatic stress disorder (PTSD) with alcohol use disorder and major depressive disorder, but no higher. It also granted an initial rating of 20 percent for intervertebral disc syndrome (back disability), but no higher.
- Granted
The Veteran's back disability is rated at 60 percent, which approximates the criteria for intervertebral disc syndrome (IVDS). The Board found that his symptoms most closely align with a 60 percent rating and granted this increased evaluation.
- Granted
The Veteran's back disability was previously rated at 40%, and the RO reduced it to 20%. The Veteran requested restoration of his original rating, which was granted. However, a higher rating is still needed due to potential worsening since the last examination in 2017.
- Denied
The Board has denied the veteran's claims for increased ratings for Achilles tendonitis of his right and left feet, finding that the evidence does not support a higher rating based on the severity of the disability.
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