The claim of service connection for a back disability was reopened based on new and material evidence, but the appeal for service connection for a pinched nerve to include as secondary to a back disability is remanded.
The deciding factor: New and material evidence has been received regarding the claim of service connection for a back disability, allowing it to be reopened. The other issues are remanded due to insufficient evidence.
- Claimed conditions
- back disability, pinched nerve
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001920
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
- Partly granted
The Board granted service connection for a back disability, effective immediately. The Board also granted a 10 percent rating for left knee tendonitis with patellofemoral pain syndrome and degenerative joint disease based on limitation of flexion from October 4, 2024, to the present, and a 50 percent rating for the same condition from February 5, 2025, to the present.
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