The veteran's claims for service connection for a gastrointestinal disability, dizziness, loss of muscle control, and memory loss were denied as no new and material evidence was submitted to reopen the claim for a gastrointestinal disability, and there is no evidence linking any of these conditions to his period of service.
The deciding factor: The Board found that the veteran's claims could not be reopened due to lack of new and material evidence, and there was insufficient evidence to establish a link between any claimed condition and his service.
- Claimed conditions
- gastrointestinal disability (claimed as gastric problems), dizziness, also claimed as loss of balance and vertigo, loss of muscle control, memory loss
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2009
- Citation
- 0900039
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.
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The Board dismissed the appeal for service connection for memory loss and found that the issue of TDIU from September 6, 2022 is moot.
- Partly granted
The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
- Remanded (sent back)
The Board remands the claim for service connection for dizziness to obtain an adequate medical opinion addressing whether it is related to service or a service-connected disability.
- Denied
The Board denied service connection for various conditions, including prostate gland injuries, sleep apnea, DM, and hypertension, as the evidence did not support a finding that these conditions were related to the Veteran's military service. The application to readjudicate previously denied claims for memory loss, teeth removal, and eye defects was also denied.
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