The evidence received since the RO's April 2001 denial of service connection for herniated nucleus pulposus at L5-S1 with left L5 radiculopathy does not raise a reasonable possibility of substantiating service connection for such a disability.
The deciding factor: Additional evidence is not new and material, as it does not provide competent evidence of an association between the diagnosed low back disorders and the veteran's active military duty.
- Claimed conditions
- herniated nucleus pulposus at L5-S1 with left L5 radiculopathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 22, 2008
- Citation
- 0816903
Veterans Law Judge
Decisions by this judge: 499 · Granted: 18% (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 0816903.
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 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.
- Whole decision: Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
- Whole decision: Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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