The Board denied the Veteran's claims for service connection for a left foot disability and a lumbar spine disability, finding that new and material evidence had not been received to reopen these claims. The additional evidence submitted since the August 2005 decision was considered cumulative or did not relate to an unestablished fact necessary to substantiate the claims.
The deciding factor: The newly submitted evidence is either cumulative of previous evidence, does not raise a reasonable possibility of substantiating the claims, or relates to an exposure basis which is not applicable in this case.
- Claimed conditions
- left foot disability, lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 18, 2010
- Citation
- 1018405
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 1018405.
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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claims for service connection for a lumbar spine disability and a muscle condition due to a pre-decisional duty to assist error, as the Veteran did not receive notice of scheduled VA examinations.
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