The Board denied the Veteran's claims for service connection and increased evaluation of his right knee disability. The Veteran appealed this decision to the Court, which vacated part of it but did not address whether new and material evidence had been received.
The deciding factor: The Court found that the September 2010 Board decision should be vacated due to its reasons for denying service connection, but not because it determined new and material evidence had been received.
- Claimed conditions
- cervical spine disability with radiculopathy, right knee chronic synovitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 26, 2012
- Citation
- 1233432
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. Read the original VA decision (opens in a new tab) using citation 1233432.
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: Denied
The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not prevent him from securing and maintaining employment, despite significant physical and mental impairments.
- Whole decision: Dismissed
The Veteran withdrew her appeal on the issues of service connection for a cervical spine disability with radiculopathy, sinusitis, hyperhidrosis, and muscle spasms. As a result, these issues are dismissed.
- Whole decision: Remanded (sent back)
The Board has remanded several issues on appeal, including service connection claims for various disabilities and an initial rating for fibromyalgia. The effective date of service connection for fibromyalgia is granted as May 13, 2010.
- Whole decision: Remanded (sent back)
The Board has remanded the case for additional development, including obtaining a VA examination to determine if the Veteran's right knee disability is aggravated by his service-connected back disability.
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