The Board denied the veteran's application to reopen his claim of service connection for a low back disability, finding that there was no new and material evidence presented since the May 2002 decision.
The deciding factor: The RO determined that the newly submitted VA treatment records did not relate to an unestablished fact necessary to substantiate the claim and did not raise a reasonable possibility of substantiating the claim for service connection.
- Claimed conditions
- low back
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 12, 2008
- Citation
- 0804996
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 0804996.
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: Dismissed
The Veteran's appeal regarding the April 1, 2020 rating decision was dismissed because he did not timely file a VA Form 10182 and good cause has not been shown to extend the filing deadline.
- Whole decision: Remanded (sent back)
The Board has determined that there are duty to assist errors in the claims for service connection for left ankle, right ankle, bilateral feet, low back, left knee, and right knee disabilities. The claims must be remanded to correct these errors.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's service connection claims for low back, left hip, right hip, right lower extremity, and left lower extremity disabilities due to insufficient evidence of in-service incurrence or aggravation. The claims are remanded for additional examinations and development.
- Whole decision: Remanded (sent back)
The Board has granted service connection for tinnitus. The claims of service connection for hypertension, bilateral knee, bilateral shoulder, and low back are remanded due to duty-to-assist errors.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.