The Board denied the service connection claim for residuals of back or neck injury as new and material evidence was not received to reopen the previously denied claim.
The deciding factor: The newly submitted evidence does not raise a reasonable possibility of substantiating the claim, as it relates to an unestablished fact necessary to substantiate the claim and is not considered new and material for the purpose of reopening the service connection claim.
- Claimed conditions
- residuals of back injury, residuals of neck injury
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2009
- Citation
- 0911038
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 claim for service connection for hypertension was granted under the PACT Act. Other claims were remanded for further review.
- Remanded (sent back)
The claim for service connection for back injury residuals has been reopened, but further development is needed. Other claims are remanded.
- Remanded (sent back)
The Board remands the claim for additional development, specifically to obtain an addendum opinion regarding the etiology of the Veteran's low back disability.
- Denied
The Board denied service connection for residuals of right clavicle injury and residuals of neck injury, finding no evidence linking these conditions to the veteran's active service.
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