The Board denied the veteran's application to reopen a claim for service connection for congenital lumbarization, 1st sacral segment, back pathology due to lack of new and material evidence.
The deciding factor: New and material evidence was not received as the veteran's contentions were essentially cumulative of previous assertions and there was no competent medical evidence linking any current low back disorder with active service or a superimposed injury on his congenital condition.
- Claimed conditions
- congenital lumbarization, first sacral segment, back pathology
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 9, 2008
- Citation
- 0811665
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0811665.
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: Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the functional impact of the Veteran's service-connected disabilities on his ability to secure or follow a substantially gainful occupation from December 1, 2012 to February 3, 2014. The claim is now referred for extraschedular consideration.
- Whole decision: Granted
The Board has reopened the veteran's claim of entitlement to service connection for a spine ailment, including arthritis. The issue is now on remand for further development and consideration.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Whole decision: Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
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