The Veteran's petition to reopen his previously denied claim for entitlement to service connection for a neck disability was denied. The issues of higher ratings for diabetes mellitus, type I; unspecified anxiety disorder; and lumbosacral spine intervertebral disc syndrome and degenerative disc disease were remanded. The issue of TDIU was also remanded.
The deciding factor: The claim to reopen the previously denied neck disability claim was not supported by new and material evidence within one year of the March 2014 rating decision, making it final.
- Claimed conditions
- neck disability, diabetes mellitus, type I, unspecified anxiety disorder, lumbosacral spine intervertebral disc syndrome and degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2023
- Citation
- 23057762
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 23057762.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected unspecified anxiety disorder alone warrants a total disability rating based on individual unemployability (TDIU), and he has additional service-connected disabilities rated at least 60 percent. The Board grants special monthly compensation (SMC) at the housebound rate.
- 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.
- 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.
- Granted
The Veteran's anxiety and depressive disorders were rated at a 70 percent disability rating effective May 6, 2015.,Effective May 6, 2015, the Veteran was granted an earlier effective date for DEA benefits.
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