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
- Not verified here — check the original decision
- Decision date
- March 25, 2009
- Citation
- 0911038
Veterans Law Judge
Decisions by this judge: 1,454 · Granted: 23% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0911038.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has determined that additional medical opinions and records are needed to properly adjudicate the Veteran's claims for service connection. The claims have been remanded.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to conflicting evidence regarding whether pre-existing scoliosis was aggravated by service. The VA examiner will need to provide an opinion on this issue, which is inextricably intertwined with the other issues.
- Whole decision: Partly granted
The veteran's claim for service connection for hypertension was granted under the PACT Act. Other claims were remanded for further review.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for residuals of back injury should be remanded due to a failure to provide a VA examination and medical opinion, which is necessary to determine if his current disability is related to his military service.
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