The Veteran's claim for service connection for a cervical spine disorder has been reopened, but the appeal is denied as new and material evidence did not relate to an unestablished fact necessary to substantiate the claim.,The Veteran's claims for increased ratings for his lumbar spine disorder and radiculopathy of the bilateral lower extremities are denied. The Veteran also seeks a TDIU on schedular and extraschedular bases, which are both granted.
The deciding factor: New evidence submitted after the May 2005 rating decision did not relate to an unestablished fact necessary to substantiate the claim for service connection for a cervical spine disorder.,The Veteran's claims for increased ratings and TDIU were denied as there was no new or material evidence presented that could support reopening of the claims, and the existing evidence did not meet the criteria for higher disability ratings.
- Claimed conditions
- cervical spine disorder, lumbar spine disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2020
- Citation
- 20009940
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 20009940.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for various hip and lower extremity disorders, including as secondary to a lumbar spine disorder. The case is being returned to the AOJ for further action.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Granted
The Board has granted the Veteran's request to readjudicate his claims for service connection for a lumbar spine disorder and obstructive sleep apnea, but denied his claim for right knee disorder. The Board also remanded the cases of left leg disorder and lumbar spine disorder.
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