The Board denied the Veteran's claims for service connection for diabetes mellitus, a chronic low back disability (muscle spasms), and a bilateral foot disorder as new and material evidence was not submitted to reopen the previously-denied claims.
The deciding factor: The evidence received since the time of the RO's most recent decision in November 2002 does not relate to an unestablished fact necessary to substantiate the Veteran's current claims, and is insufficient to raise a reasonable possibility of substantiating his claims for service connection for diabetes mellitus, a chronic low back disability (muscle spasms), and a bilateral foot disorder.
- Claimed conditions
- diabetes mellitus, chronic low back disability (muscle spasms), bilateral foot disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2009
- Citation
- 0908725
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.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
- Partly granted
The Board granted service connection for tinea pedis of the left foot and remanded claims for a bilateral foot disorder, cervical disorder, left shoulder disorder, lumbosacral disorder, right shoulder disorder, right knee disorder, left knee disorder, and eardrum disorder.
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