The Board found that the veteran did not submit new and material evidence to reopen his claim for service connection for a back disability. The claim for an increased rating for postoperative residuals of right inguinal hernia was also denied.
The deciding factor: No new and material evidence was submitted to reopen the claim for service connection for a back disability, and the veteran's current right inguinal hernia residuals do not warrant a compensable evaluation under DC 7338.
- Claimed conditions
- Back disability, Right inguinal hernia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- March 23, 2006
- Citation
- 0608481
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.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
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