The Veteran's petition to reopen a claim of service connection for upper back pain, previously claimed as neck disability, to include left arm was denied. The Board found that the new evidence did not show upper back disability due to an in-service injury, illness, or event.,The Veteran's claim for earlier effective date for TBI with headaches was denied because there was no CUE in the September 1998 rating decision denying service connection for headaches. The Board concluded that the correct facts were before the AOJ at the time of the decision and that the applicable statutory and regulatory provisions were correctly applied.,The Veteran's claim for TDIU due to service-connected disabilities was granted.
The deciding factor: The new evidence did not show upper back disability due to an in-service injury, illness, or event. The AOJ found there was no evidence of chronic headache disability due to an in-service injury, illness, or event.,There was no CUE in the September 1998 rating decision denying service connection for headaches. The Board concluded that the correct facts were before the AOJ at the time of the decision and that the applicable statutory and regulatory provisions were correctly applied.,The Veteran's service-connected disabilities reasonably prevented him from securing or following a substantially gainful occupation.
- Claimed conditions
- upper back pain, neck disability, headache
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 6, 2023
- Citation
- 23007374
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. Read the original VA decision (opens in a new tab) using citation 23007374.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claim for service connection of a neck disability due to pre-decisional error in not obtaining a VA examination and medical opinion.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for neck and back disabilities due to a lack of medical evidence supporting the Veteran's assertions. The VA will obtain an examination and provide an opinion on whether these disabilities are related to service.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional medical opinions and examinations regarding his claimed conditions.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for left leg shin splints, right leg shin splints, back disability, and neck disability due to insufficient evidence in the record regarding these conditions.
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.