The Board denied the application to reopen the claim for service connection for a back disorder, as new and material evidence was not submitted.
The deciding factor: The additional evidence received does not relate to an unestablished fact necessary to substantiate the claim and does not raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- mild levoscoliosis of the lumbar spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2009
- Citation
- 0906124
Veterans Law Judge
Decisions by this judge: 2,035 · Granted: 30% (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 0906124.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has reopened the claim of service connection for a lumbar spine disability and remanded the issues of service connection for a left hip disability. The case is being sent back to obtain medical opinions regarding whether the Veteran's lumbar spine disability was incurred during or as a result of her periods of active service, and whether it is at least as likely as not that the current left hip disability had its clinical onset during service.
- Granted
The Veteran is unable to secure or follow a substantially gainful occupation due to service-connected disabilities, including depression and back pain. The Board has granted TDIU based on the impact of these conditions.
- 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.
- 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.
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