BVA Case 24-4510: Back

PIETSCH, Judge : Maria Teresa Martinez-Homick ,through counsel,appeals an April 4, 2024,Board of Veterans'Appeals (Board)decision that (1) denied service connection for upper extremity neurological disability;and (2)found no new and material evidence to reopen claims for service connectionfor a left shoulder disability,lumbar spine disorder,andneuropathyof the lower extremities.

1 The Board favorably found that new and material evidencehad been submitted to reopen a claim for service connection for a right shoulder disability.

For the reasons that follow,the Court will vacate the part of the Board's decision that denied service connection for upper extremity neurological disability and found no new and material evidence to reopen claims for service connection for a left shoulder disability,lumbar spine disorder,and neuropathy of the lower extremities,and the Court will remand the matters for further proceedings consistent with this decision.

In a September 2017 rating decision,the RO found no new and material evidence to reopen a claim for service connection for a back condition.

In an October 2018 rating decision,the RO denied service connection for upper extremity neurological disability and found no new and material evidence to reopen service- connection claims for bilateral lower extremity neuropathy and bilateral shoulder disabilities.

The RO continued to deny service connection for a lumbar spine disorder,bilateral lower extremity neuropathy,bilateral upper extremity neurological disability, and bilateral shoulder disorders,all on the basis that the conditions were not related to military service.

The RO did not mention whether new and material evidence hadbeenreceived to reopen service-connection claims for a left shoulder disability, lumbar spine disorder,or bilateral lower extremity neuropathy.

April 2024 Board Decision In the April 2024 decision on appeal, the Board noted that all issues on appeal had been remanded in May 2023 for the RO to consider evidence in the first instance.