The Board denied the reopening of the claim for service connection for a low back disability due to lack of new and material evidence, as the additional evidence did not relate to an unestablished fact necessary to substantiate the claim.
The deciding factor: The additional evidence submitted by the veteran does not relate to an unestablished fact necessary to substantiate the claim, such as whether a pre-existing low back disability existed prior to service or was aggravated during service.
- Claimed conditions
- Low Back Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2006
- Citation
- 0621692
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 0621692.
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 the claims for service connection for chronic fatigue syndrome, a low back disability, a left knee disability, and a left shoulder disability as there was no evidence to support that these conditions were incurred in or caused by the Veteran's military service.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Partly granted
The Board denied an initial rating higher than 70 percent for PTSD and remanded several service connection claims, including dyspnea, chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome, obstructive sleep apnea, low back disability, and right lower extremity radiculopathy of the sciatic nerve.
- Dismissed
The appeal for an initial compensable rating for GERD was withdrawn, and the claims for service connection for a low back disability, bilateral ankle disability, bilateral knee disability, and right knee disability were denied.
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