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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 22004602.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.