The Veteran's claim for service connection for a back disability was denied because the new evidence did not raise a reasonable possibility of substantiating the claim, and thus the request to reopen the previously denied claim is denied.
The deciding factor: New evidence does not relate to an unestablished fact necessary to establish the claim or raise a reasonable possibility of substantiating the claim for service connection.
- Claimed conditions
- back strain, mild degenerative changes, scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 7, 2021
- Citation
- 21041029
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 21041029.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has dismissed the Veteran's appeal for entitlement to TDIU and denied his claims for service connection for bilateral hearing loss, tinnitus, back strain, bilateral knee disabilities, and bilateral ankle disabilities. The claims of service connection for these conditions are remanded due to a duty-to-assist error.
- Denied
The Board has denied service connection for TBI, back strain, chest pain, foot pain, and tendonitis as there is no evidence of disease or injury incurred during active duty or training.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
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