BVA Case 23-6946: Back

The RO found that the evidence did not show that the appellant had incurred a cervical spine disability during his in-service MVA and that any present disability was not related to service.

In a November 1997 rating decision,the RO found that the October 1997 buddy statement was not new and material evidence adequate to reopen the claim for service connection for residuals of head injury.

The RO found that x-rays showing degenerative joint disease, a nerve study consultation indicating the appellant's history of neck and back pain,and VA treatment records showing chronic neck and back pain with limited motion were not new and material evidence.

The RO found that VA medical records were not new and material evidence sufficient to reopen a finally adjudicated claim.

In November 2021,the Board found that the August 2015 rating decision had not been appealed and became final,with no further action until the March 2020 claim.

At briefing,the Secretary conceded that the Board failed to determine whether the October 1997 buddy statement was new and material evidence and whether the May 2002, September 2007,and August 2015 rating decisions considered the buddy statement within the context of 3.

3 Case:23-6946 Page: 4 of 10 Filed:09/24/2025 In October 2023,the Board denied an effective date before March 22,2020,for service connection for a neck injury.

First,the Board unequivocally found that the October 1997 buddy statement was new and material evidence that VA had received within 1 year of the March 1997 decision,so that decision did not become final.