The Board granted service connection for a low back condition, osteoarthritis of the lumbosacral spine with IVDS, left shoulder arthritis, and right shoulder arthritis based on new and material evidence.
The deciding factor: The evidence was in equipoise as to whether the Veteran's current conditions were related to his in-service fall down a flight of stairs, so all claims were granted after resolving reasonable doubt in favor of the Veteran.
- Claimed conditions
- low back condition, osteoarthritis of the lumbosacral spine with intervertebral disc syndrome (IVDS), left shoulder arthritis, right shoulder arthritis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 5, 2024
- Citation
- 24000864
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 service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Denied
The Board denied the veteran's claims for increased ratings and other benefits, finding that the evidence did not support higher ratings or additional compensation.
- Remanded (sent back)
The Board remands the claim for service connection of a low back condition to obtain an adequate medical opinion, as the presumption of soundness has not been rebutted.
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.