The Board denied the veteran's claims to reopen his service connection claims for arthritis of the lumbar spine and diabetes mellitus, type 2 due to lack of new and material evidence.
The deciding factor: The new evidence did not relate to an unestablished fact necessary to substantiate the claims
- Claimed conditions
- arthritis of the lumbar spine, diabetes mellitus, type 2
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 4, 2007
- Citation
- 0738049
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 0738049.
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: Granted
The Board has granted service connection for PTSD, major depressive disorder, generalized anxiety disorder, insomnia, unspecified psychosis, arthritis of the lumbar spine, degenerative disc disease, multilevel spinal stenosis, and arthritis of the cervical spine and degenerative disc disease. The diagnoses are linked to in-service physical assaults.
- Whole decision: Denied
The Board has vacated the January 2026 decision granting service connection for diabetes mellitus, type 2 due to fraudulent evidence. The Veteran's claim is denied as there is no credible evidence linking his diabetes to service or a service-connected condition.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to a duty-to-assist error regarding the Veteran's exposure to asbestos and Agent Orange during service. The claims are now pending for further development.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for coronary artery disease and diabetes mellitus type II due to potential exposure to Agent Orange during military service. The RO should obtain a TERA opinion considering all applicable exposures, including asbestos and ignited substances.
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