The VA determined that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for residuals of an upper back injury, including multiple nerve problems in the head, neck and back, misalignment of the back and neck, twitching, and muscle spasms.
The deciding factor: The evidence did not provide a factual basis to conclude that the veteran had upper back injury with related problems that was incurred in or aggravated during service.
- Claimed conditions
- upper back injury, multiple nerve problems in the head, neck and back, misalignment of the back and neck, twitching, muscle spasms
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 8, 2002
- Citation
- 0204212
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 0204212.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 claim for service connection for fatigue and muscle spasms, to include CFS, as a VA examination is needed to determine if there is a link between these symptoms and the Veteran's active duty.
- Dismissed
The appeal for service connection for muscle spasms was dismissed as the Veteran did not file a timely appeal to the Court of Appeals for Veterans' Claims or request reconsideration within 120 days.
- Dismissed
The Board dismissed the appeal due to an impermissible concurrent election of review lanes.
- Denied
The Board denied the veteran's claims for service connection for muscle spasms and obstructive sleep apnea (OSA) on a direct basis, as well as remanded the claim for OSA as secondary to his service-connected psychiatric disorder.
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