The Board denied the veteran's petition to reopen claims for service connection for neck, shoulder, and back disabilities because new and material evidence was not submitted.
The deciding factor: The additional evidence received since the RO's November 2001 denial of the petition to reopen these claims is duplicative or cumulative of evidence previously considered or does not relate to an unestablished fact necessary to substantiate these claims, and it does not suggest that any current neck, shoulder, or back disorder originated in service, manifested within one year of his discharge (for arthritis), or is otherwise related to his military service.
- Claimed conditions
- neck disabilities, shoulder disabilities, back disabilities
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2008
- Citation
- 0815474
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0815474.
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 Veteran seeks an earlier effective date for his TDIU and SMC awards, but the Board finds no evidence of a factual increase in disability within one year prior to the claim.,SMC is awarded based on the Veteran's single service-connected disability (heart disability) rated at 100% disabling.
- Granted
The Veteran's service-connected PTSD, bilateral knee and shoulder disabilities are found to have caused his sleep apnea through the aggravation of obesity. Service connection for sleep apnea is granted as secondary to these conditions.
- Denied
The appeal of a timely request for Higher-Level Review of the Veteran's entitlement to service connection for his claimed back and neck disabilities is denied.
- Remanded (sent back)
The Board has decided to remand the case due to errors in obtaining necessary examinations and opinions, particularly regarding the Veteran's service-connected disabilities and their impact on his employability.
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.