The Board denied the veteran's claims for service connection as new and material evidence was not received to reopen the previously denied claims, and direct service connection was not established.
The deciding factor: The evidence submitted since the prior final denial did not relate to an unestablished fact necessary to substantiate the claim and did not raise a reasonable possibility of substantiating the claims for back disorder and acquired psychiatric disorder. Additionally, there was no evidence establishing that the right or left knee disorders were incurred in service or related to any service-connected disability.
- Claimed conditions
- back disorder, acquired psychiatric disorder, right knee disorder, left knee disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911188
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Remanded (sent back)
The Board remands the claims for service connection for right and left knee disorders to obtain a new examination that adequately addresses all pertinent evidence of record.
- Dismissed
The appeal for service connection for rheumatoid arthritis was dismissed due to a untimely notice of disagreement. The left knee disorder claim is remanded for further action.
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