The Veteran's claim for service connection for residuals of bilateral stress fractures with bilateral tibial shin splints is reopened, and the appeal is granted. The Board also remanded the issue of entitlement to service connection for disability of the bilateral lower extremities.
The deciding factor: New evidence received since the last denial relates to unestablished facts necessary to substantiate the Veteran's claim (i.e., that he has current disabilities of the lower extremities) and raises a reasonable possibility of substantiating the claim.
- Claimed conditions
- residuals of bilateral stress fractures with bilateral tibial shin splints, bilateral lower extremity disabilities
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 8, 2022
- Citation
- 22033577
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 22033577.
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 Veteran's bilateral lower extremity disabilities, including sciatica, are granted on a secondary basis to his service-connected back disability. The Board found that the evidence is in equipoise as to whether the Veteran has been unable to secure or follow gainful employment due to his service-connected disabilities.
- Remanded (sent back)
The Veteran's appeal for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment is remanded due to a duty to assist error. A VA examination is needed to determine if his service-connected disabilities result in loss or permanent loss of use of one or both feet.
- Remanded (sent back)
The Veteran's claim for an automobile or other conveyance and adaptive equipment allowance is remanded due to unclear functional loss in his lower extremities resulting from service-connected disabilities. The Board finds a pre-decisional duty to assist error occurred by failing to schedule the Veteran for a VA examination.
- Granted
The Veteran was granted a TDIU from December 10, 2003 to March 24, 2007 due to his service-connected lumbar spine and bilateral lower extremity disabilities preventing him from securing and following substantially gainful employment.
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