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
Veterans Law Judge
Decisions by this judge: 2,011 · Granted: 24% (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 0910954.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including Parkinson's disease and related symptoms, have resulted in a loss of use of one lower extremity (left) due to the need for regular and constant use of assistive devices such as a wheeled walker and electronic wheelchair/scooter. This has led to a permanent and total disability rating, qualifying him for specially adapted housing benefits.
- Remanded (sent back)
The Board has determined that the Veteran's hearing loss, nasal fracture residuals, and hypertension have worsened since his last VA examinations in 2014-2015. Therefore, he is being asked to provide updated medical records and undergo new evaluations for these conditions.
- Denied
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance or housebound status was denied because his service-connected disabilities did not meet the criteria for SMC.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the severity of his service-connected post-traumatic headaches, residuals of nasal fracture, and their impact on his ability to work.
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