The Board denied the veteran's attempt to reopen a claim for service connection for residuals of a cervical spine injury, as new and material evidence was not submitted.
The deciding factor: The evidence received since the January 2004 rating decision does not raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- residuals of a cervical spine injury
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2008
- Citation
- 0816026
Veterans Law Judge
Decisions by this judge: 952 · Granted: 17% (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 0816026.
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.
- Dismissed
The appeal for service connection for posttraumatic stress disorder was dismissed as the issue is moot due to a full grant of benefits. The claims for increased ratings and service connection for other conditions were remanded for further development.
- Remanded (sent back)
The Board remands the claim for service connection of residuals of a cervical spine injury due to an inadequate medical opinion.
- Remanded (sent back)
The Board has decided to remand the case due to missing service treatment records and the Veteran's credible testimony of an inservice injury. The claim will be returned for further development, including obtaining medical opinions.
- Dismissed
The Board has dismissed the Veteran's appeals for service connection on all four issues due to his death.
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