The Board denied the Veteran's claim for service connection for osteoarthritis and degenerative disc disease of the cervical spine in March 2005. The Court affirmed this decision, and the Veteran appealed to the BVA. New evidence submitted since the last denial does not relate to an unestablished fact necessary to substantiate the claim.
The deciding factor: The new evidence provided by the Veteran does not address the reason for the previous denial (lack of evidence of service connection) and thus does not raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- osteoarthritis, degenerative disc 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
- April 16, 2009
- Citation
- 0914232
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 0914232.
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 has granted an increase in PCAFC benefits to Level 2, finding that the Veteran requires continuous supervision or protection due to his cognitive decline and repeated falls.
- Remanded (sent back)
The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Denied
The Board has denied the Veteran's claim for service connection for a right knee disability, finding that it is neither secondary to his service-connected right femoral neuropathy nor directly related to his active-duty service.
- Granted
The Veteran's lumbar spine condition, diagnosed as osteoarthritis and degenerative arthritis of the lumbar spine, has been granted service connection since it began in service following his fall in 1972.
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