The Board denied service connection for post-operative residuals of a herniated nucleus pulposus of the lumbar spine and found that new and material evidence had not been submitted to reopen a claim of entitlement to service connection for left elbow disability.
The deciding factor: The appellant's back condition pre-existed his last period of military service, did not worsen during this time, and there was no new and material evidence to support reopening the claim for a left elbow disability.
- Claimed conditions
- post-operative residuals of a herniated nucleus pulposus of the lumbar spine, left elbow disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 13, 2008
- Citation
- 0815707
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.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Partly granted
The Board denied an earlier effective date for the award of service connection for hypertension, a compensable rating for hypertension, and service connection for various conditions including PTSD, right ankle disability, left elbow disability, headaches, erectile dysfunction, but granted service connection for headaches and erectile dysfunction as secondary to hypertension, and special monthly compensation based on loss of use of a creative organ.
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