The Board found that the submitted evidence was not new and material, thus denying the veteran's request to reopen his claim for service connection for a low back injury with thoracic scoliosis.
The deciding factor: The submitted evidence did not present competent evidence relating to an unestablished fact necessary to substantiate the claim of a current back disorder related to injuries suffered in service.
- Claimed conditions
- low back injury, thoracic scoliosis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2006
- Citation
- 0606633
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.
- Denied
The Board denied service connection for a neck injury, left shoulder injury, and low back injury as the evidence did not support that these conditions began during active service or are otherwise related to an in-service injury or disease.
- Partly granted
The Board dismissed the appeal for service connection for low back injury, denied service connection for sinusitis and allergic rhinitis, and denied a higher disability rating for PTSD. The claim for service connection for pain of left shoulder was remanded.
- Dismissed
The veteran withdrew the appeal for service connection for a bilateral knee injury and low back injury, and these issues are therefore dismissed.
- Remanded (sent back)
The Board remands the claim for service connection for a low back injury to the RO for initial consideration of new and relevant evidence.
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.