The Board denied the veteran's claims for increased disability ratings and service connection, finding that new and material evidence had not been submitted to reopen his claim of entitlement to service connection for degenerative joint disease of the lumbar spine under 38 U.S.C.A. § 1151 (West 2002). The Board also denied his claims for PTSD prior to June 26, 1996 and diabetes mellitus with retinopathy.
The deciding factor: The evidence submitted since the RO's August 1996 denial was not new and material, as it did not raise a reasonable possibility that the outcome of the previous decisions would change.
- Claimed conditions
- degenerative joint disease of the lumbar spine, post-traumatic stress disorder (PTSD), diabetes mellitus with retinopathy, right foot lesions, left foot lesions
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 17, 2005
- Citation
- 0504590
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. Search VA.gov for the original decision (opens in a new tab) using citation 0504590.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Whole decision: Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Whole decision: Granted
The Veteran's low back disability was rated at 40% prior to September 28, 2018. From that date, the rating was increased to 50%. The earlier effective date for TDIU is denied.
- Whole decision: Remanded (sent back)
The Board has determined that new and relevant evidence has been submitted for the claim of entitlement to TDIU, which is being remanded. The issue of service connection for obstructive sleep apnea is also being remanded due to conflicting medical opinions.
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