The Board dismissed the appeal regarding whether new and material evidence was received to reopen the claim for service connection for a low back disorder. The Veteran's mental/mood disorder claim is reopened, but the matter of entitlement to service connection remains remanded.
The deciding factor: The Board found that there was no error in fact or law related to the appeal regarding whether new and material evidence had been received to reopen the claim for service connection for a low back disorder. The issue has now been dismissed as it is not relevant given the award of service connection for the low back disability.
- Claimed conditions
- low back disorder (spondylosis), mental/mood disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2020
- Citation
- 20002228
Veterans Law Judge
Decisions by this judge: 2,020 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20002228.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board has granted service connection for a low back disorder, but dismissed the claim for peripheral neuropathy of the upper extremities. The case is remanded to determine if the Veteran's lower extremity neuropathy is related to his service or his lumbar spondylosis.
- Denied
The Board denied the Veteran's claims for service connection for a low back disorder and a mental/mood disorder, finding that new and material evidence had not been received to reopen the low back disorder claim. The mental/mood disorder claim was also denied as there is no evidence of current disability.
- Denied
The Board found that the Veteran's diabetes, hypertension, left knee disorder, and low back disorder were not incurred or aggravated by active duty service. The pre-existing conditions were known upon entry into service in 2003.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
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