The Board has granted the Veteran's application to reopen his claim for service connection for back disability and has determined that a new and material evidence was submitted, thus allowing him to proceed with his claim. The Board also found that there is reasonable doubt in favor of the Veteran regarding whether his current back disability had its onset during his period of INACDUTRA (inactive duty training) while serving in the military.
The deciding factor: The decision hinges on the reopening of the previously denied claim due to new and material evidence submitted by the Veteran, which includes statements from fellow servicemembers and medical opinions linking the current back disability to an accident during his period of INACDUTRA service. The Board found that there is reasonable doubt in favor of the Veteran's claim.
- Claimed conditions
- Degenerative arthritis of the spine (back disability)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 10, 2023
- Citation
- 23038067
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 23038067.
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.
- Denied
The Board denied an initial rating in excess of 20 percent for degenerative arthritis of the spine based on the Veteran's limited range of motion, which did not meet the criteria for a higher rating.
- Granted
The Board granted initial ratings of 20 percent for degenerative arthritis of the spine, and 10 percent for left hip femoral acetabular impingement syndrome (both impairment and limitation of extension), as well as an initial rating of 10 percent for hypertension. The claim for a higher rating for PTSD was denied.
- Remanded (sent back)
The claim for an initial rating in excess of 20 percent for degenerative arthritis of the spine is remanded to provide the Veteran with a VA examination.
- Granted
The Board has granted effective dates of July 27, 2021 for the awards of a 20% rating for degenerative arthritis of the spine (back disability), service connection for left lower extremity radiculopathy, and service connection for right lower extremity radiculopathy.
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