The veteran's claims to reopen for service connection for arthritis of the back, an upper respiratory disorder, and a disability manifested by hemorrhage were denied as new and material evidence was not received.
The deciding factor: The evidence added to the record since April 2002 does not relate to an unestablished fact necessary to substantiate the claims and therefore is not considered new and material.
- Claimed conditions
- arthritis of the back, upper respiratory disorder, hemorrhage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2008
- Citation
- 0816957
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 Board denied service connection for various claimed disabilities, including right and left knee replacements, ankle sprains, neck strain, lumbosacral strain, rotator cuff tear, shoulder dislocation, and sleep apnea, as the evidence did not support a finding of a nexus between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for service connection for an upper respiratory disorder, to obtain additional evidence and a new VA examination.
- Remanded (sent back)
The Board has remanded the cases for further development and examination to determine if the Veteran's arthritis disabilities are proximately due or aggravated by his service-connected generalized anxiety disorder and bilateral first cuneiform metatarsal joint arthritis.
- Granted
The Board has granted service connection for the Veteran's upper respiratory disorder, finding that it had its onset during his period of military service.
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.