The Board denied the Veteran's attempts to reopen claims for service connection for a low back disorder and bilateral pes planus as new and material evidence was not submitted.
The deciding factor: Evidence received since the previous denials does not raise a reasonable possibility of substantiating the claims, thus failing to meet the criteria for reopening.
- Claimed conditions
- Low back disorder, Bilateral pes planus
- 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
- 0911333
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.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Remanded (sent back)
The Board remands the claim for a low back disorder to correct duty to assist errors, as the previous VA examinations and opinions are inadequate.
- Partly granted
The Veteran's service connection claim for an acquired psychiatric disorder, to include alcohol use disorder, unspecified depressive disorder with anxious distress, and PTSD was granted. Other claims for various conditions were denied.
- Remanded (sent back)
The Board remands the claim for an adequate VA examination to determine the nature and etiology of any right foot disability, including consideration of bilateral pes planus.
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