The Board denied reopening the claim for service connection for a back disability because new and material evidence had not been submitted. The Veteran's statements regarding his back injury in service were similar to those he provided previously, and there is no new competent evidence indicating that the current back disability was incurred or aggravated in service.
The deciding factor: The newly received evidence does not relate to an unestablished fact necessary to substantiate the claim of a service connection for a back disability.
- Claimed conditions
- back arthritis, degenerative joint disease of the thoracic spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2017
- Citation
- 1743029
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 1743029.
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 Veteran's cause of death is granted due to service-connected back arthritis and obesity contributing substantially and materially to his Covid-19, which caused pneumonia, acute respiratory syndrome, and multisystem organ failure.
- Dismissed
The Veteran's claims for service connection for bone disease, hemorrhoids, neck arthritis, back arthritis, bilateral hand arthritis, bilateral knee arthritis, and bilateral ankle arthritis have been dismissed due to the Veteran's withdrawal of his appeal. The claim for hypertension has been granted.
- Denied
The Board denied the Veteran's claim of service connection for a lumbar spine disability, finding that there was no in-service disease or injury and that the current condition did not manifest within one year of separation from active duty. The Board also found insufficient evidence to support a presumption of service connection.
- Remanded (sent back)
The Veteran's claim of service connection for a back disability is being remanded due to the submission of new and relevant evidence, including diagnoses of arthritis, herniated nucleus pulposus, lumbar stenosis, foraminal stenosis, and left lumbar radicular pain. The VA will obtain a medical opinion to determine if these disabilities are related to service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.