The Board denied the veteran's claims for service connection and reopening of his claims for compensation under 38 U.S.C. § 1151 for lumbar and cervical spine disorders, as well as a claim for service connection for psychiatric disability.
The deciding factor: The evidence did not relate to an unestablished fact necessary to substantiate the claims; was cumulative and redundant of evidence already of record; and did not raise a reasonable possibility of substantiating the claims. Additionally, there was no evidence that a current psychiatric disorder is related to service.
- Claimed conditions
- Lumbar spine disorder, Cervical spine disorder, Psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2008
- Citation
- 0816298
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.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Partly granted
The Board denied an increased rating for allergic rhinitis and remanded the claims for cervical spine, hip, thigh, and hip extension disorders for further development.
- Granted
The Board granted service connection for an acquired psychiatric disorder, a right knee disorder, and a lumbar spine disorder.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
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