The Board denied the Veteran's claims for service connection for the residuals of nasal fracture and neck injury (to include degenerative joint disease of the cervical spine) as new and material evidence was not submitted to reopen these previously-denied claims.
The deciding factor: Evidence submitted since the time of the prior decisions did not bear directly and substantially upon the specific matters under consideration, and by itself or in conjunction with evidence previously considered, is not so significant that it must be considered in order to fairly decide the merits of the claim.
- Claimed conditions
- Residuals of nasal fracture, Chronic neck disorder, to include degenerative joint disease of the cervical spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2009
- Citation
- 0910954
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.
- Partly granted
The veteran's jaw fractures were rated at noncompensable from May 3, 1994, to June 10, 2003, and increased to 20 percent effective June 11, 2003. The nasal fracture was not compensable, and the right orbital floor fracture did not meet criteria for a compensable rating.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
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The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
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