The Board dismissed the appeal regarding whether the Veteran's Statement in Support of Claim, received May 30, 2015, is a valid Notice of Disagreement (NOD) because it found that new and material evidence was submitted within one year of the March 2015 rating decision. The issue is moot as the March 2015 rating decision did not become final.
The deciding factor: The Board found that the May 30, 2015, statement constituted new and material evidence under 3.156(b) because it included lay testimony regarding the severity of the Veteran's back disability and whether the condition had improved.
- Claimed conditions
- Degenerative disc and facet disease, lumbosacral spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2020
- Citation
- 20058698
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 20058698.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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