BVA Decisions on Back

402 real veterans-appeals decisions on VA disability claims involving back — Board of Veterans' Appeals decisions and U.S. Court of Appeals for Veterans Claims (CAVC) decisions, each labeled with its court. Each links to the full decision, reasoning, and citations.

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• CAVCCase 90-1360 — Unknown March 1, 1993
  The appellant asserts that, although he did not submit evidence that was "new and material", under the precedents of this Court, so as to reopen his previously and finally denied c...
• CAVCCase 96-1214 — Denied / Affirmed / Vacated / Remanded February 11, 1999
  In the May 28, 1996, BVA decision here on appeal, the Board denied service connection for wounds of the lower extremities, frostbite of the feet, a skin disorder of the feet, heari...
• CAVCCase 94-503 — Affirmed November 5, 1997
  Savage, appeals a March 16, 1994, decision of the Board of Veterans' Appeals (BVA or Board) that denied a claim of service connection for a right hip disability after determining t...
• CAVCCase 91-1591 — Affirmed / Remanded January 11, 1994
  That decision indicated that evidence had been "received subsequent to rating action dated[] 12-12-85" and that "[t]his evidence does not warrant change in service- connected statu...
• CAVCCase 93-1220 — Affirmed / Vacated / Remanded August 1, 1996
  In a September 1978 BVA decision, the Board denied service connection for a back disability....
• CAVCCase 90-58 — Vacated April 10, 1991
  The issue is whether certain material findings of fact by the BVA in its October l0, l989, decision should be held unlawful and set aside because they are "clearly erroneous" under...
• CAVCCase 01-345 — Vacated June 27, 2003
  STEINBERG, Judge: The appellant, through counsel, seeks review of a November 17, 2000, decision of the Board of Veterans' Appeals (BVA or Board) that concluded that new and materia...
• CAVCCase 94-661 — Denied / Reversed / Vacated March 7, 1997
  In order to conduct meaningful research, the veteran must provide the "who, what, where[,] and when" of each stressor....
• CAVCCase 95-984 — Dismissed June 14, 2001
  Court of Appeals for the Federal Circuit (Federal Circuit) affirmed the Court's decision that the November 1972 VARO decision did not contain CUE, but remanded the matter to determ...
• CAVCCase 97-1534 — Vacated February 17, 1999
  STEINBERG, Judge: The appellant, veteran Joe Elkins, appeals through counsel a May 6, 1997, decision of the Board of Veterans' Appeals (Board or BVA) that determined that new and m...
• CAVCCase 02-1077 — Vacated / Denied April 14, 2005
  In an addendum, the VA physician opined: This veteran's CAD is more likely than not related to both his long[]standing smoking and his [hypertension (HPT)]....
• CAVCCase 90-0818 — Unknown April 12, 1995
  In a July 1988 decision, the RO determined that the veteran had not submitted new and material evidence to reopen his claim because no medical records had shown a right-leg injury ...
• CAVCCase 94-1080 — Affirmed / Granted / Vacated November 26, 1996
  Subsequently, the RO and then the Board denied service connection for residuals of a head injury....
• CAVCCase 92-1347 — Affirmed June 21, 1994
  Glynn, had not submitted new and material evidence regarding his claim for service connection for a back condition, and thus refused to reopen this previously and finally denied cl...
• CAVCCase 97-1192 — Dismissed / Affirmed / Vacated Sep 6, 2000
  The appellant argues as follows: (1) that the Federal Government failed to provide documentation of his exposure to Agent Orange and biological and chemical warfare agents (Argumen...
• CAVCCase 91-504 — Unknown October 5, 1994
  In decisions dated September and December 1974, the RO denied entitlement to non-service-connected pension; those decisions did not address the issue of service connection....
• CAVCCase 91-1082 — Vacated March 22, 1993
  The Board concluded that there was no evidence of MS in service or within the seven-year period for establishing service connection for MS on a presumptive basis (see 38 U....
• CAVCCase 04-181 — Vacated / Remanded March 31, 2006
  Kent, through counsel, appeals an October 8, 2003, Board of Veterans' Appeals (Board or BVA) decision that determined that he had not presented new and material evidence to reopen ...
• CAVCCase 90-744 — Denied / Vacated / Remanded April 28, 1992
  We find that the Secretary of Veterans Affairs (Secretary) prevented the veteran from presenting new and material evidence to reopen his claim by failing to fulfill the VA's duty t...
• BVACase 08-3983 — Denied / Affirmed
  DVA informed Akers that her claim could only be reopened if she submitted new and material evidence....
• BVACase 08-2236 — Unknown
  Richard Hime appeals from the decision of the United States Court of Appeals for Veterans Claims (“the Veter- ans Court”) holding that the Department of Veterans Affairs (“VA”) had...
• BVACase 08-0089 — Vacated
  Bond argued that his February 1998 submission was actually new and material evidence relating to the earlier, May 1997, rating decision and should have been assessed as such by the...
• CAVCCase 91-1288 — Denied May 27, 1994
  KRAMER, Judge: Appellant, Gool Counts, appeals the April 15, 1991, decision of the Board of Veterans' Appeals (BVA or Board) which determined that new and material evidence had not...
• CAVCCase 93-388 — Affirmed / Vacated December 13, 1994
  Duran, appeals from a January 28, 1993, decision of the Board of Veterans' Appeals (BVA or Board) which determined that since he had failed to submit new and material evidence rega...
• CAVCCase 93-644 — Dismissed / Affirmed / Vacated / Remanded April 14, 1995
  In February 1987, the RO confirmed its October 1986 denial of service connection for heart disease, finding that the evidence submitted was "not new and material"....
• CAVCCase 93-1111 — Affirmed / Vacated / Denied / Reversed / Remanded June 26, 1995
  A February 2, 1988, VA letter, notifying the veteran that her appeal period had expired and that new and material evidence was needed to reopen her claim, was sent to her at the Wa...
• CAVCCase 97-1971 — Granted / Affirmed / Reversed / Remanded June 3, 2003
  On May 29, 2001, the Federal Circuit reaffirmed that a breach of the duty to assist cannot amount to CUE and concluded that the appellant's contention that the RO's failure to adju...
• CAVCCase 89-53 — Denied / Granted October 12, 1990
  Section 4061(a)(4) provides that the Court may set aside a finding of material fact by the Board of Veterans' Appeals (BVA) only if such finding is "clearly erroneous....
• CAVCCase 95-232 — Reversed October 1, 1996
  An August 1986 RO decision stated that "no new and material evidence [had been] submitted which would warrant reversal of prior denial....
• CAVCCase 90-1330 — Affirmed September 18, 1992
  The appellant was advised that in order to reopen his claim, he "must submit new and material evidence....
• CAVCCase 94-322 — Remanded May 14, 1996
  A July 1992 RO decision on remand from the Board concluded that the evidence of record 7 did not "establish that [the appellant] met the definition of insanity as provided in 38 C....
• CAVCCase 04-0185 — Vacated June 5, 2006
  McLendon argues that the Board erred in its evaluation of the evidence and that the Secretary failed to provide him with a VA medical examination pursuant to 38 U....
• CAVCCase 92-144 — Granted / Affirmed October 7, 1993
  MANKIN, Judge: Joe Elkins appeals the October 16, 1991, Board of Veterans' Appeals (BVA or Board) decision which determined that new and material evidence had not been submitted to...
• BVACase 14-2811 — Denied
  Kisor’s case, the Board concluded that two ser- vice department records, which were received in 2006 and 2007, were not “relevant” under the regulation because they did not pertain...
• BVACase 22061364 — Granted / Denied / Remanded November 2, 2022
  Establishing direct service connection generally requires (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service occurre...
• CAVCCase 93-1203 — Vacated October 20, 1995
  3 The Board found that the evidence did not establish that "the veteran's heart disease manifested by systolic murmur was incurred or aggravated during active service"....
• CAVCCase 98-772 — Affirmed September 20, 1999
  In a rating decision of November 1994, the VA regional office (RO) confirmed and continued the denial of the appellant's claim for service connection for residuals of a head injury...
• BVACase 95-454 — Granted / Dismissed / Vacated
  Furthermore, though not explicitly mentioned in Cruz, the standards set forth in Cruz are consistent with the Board’s own regulation that places the burden on the claimant to estab...
• CAVCCase 92-970 — Unknown April 17, 1996
  On May 21, 1992, the Board denied a schedular evaluation greater than 10% for the service- connected left mandible condition but granted an additional 10% evaluation for that condi...
• CAVCCase 92-622 — Affirmed / Vacated / Remanded March 6, 1995
  The appellant has filed a brief requesting that the Court vacate the Board's decision denying his claims for back condition and arthritis, reverse the Board's finding that the evid...
• CAVCCase 03-1345 — Vacated / Remanded January 26, 2006
  He argues that the Board decision is clearly erroneous and should be reversed....
• CAVCCase 01-467 — Affirmed / Reversed / Remanded / Vacated October 22, 2003
  First, the Board found that, with respect to the MGs in the appellant's left shoulder, the evidence shows that the residuals of the GSW to the left shoulder involve only MG I and n...
• BVACase 23029996 — Dismissed / Denied / Granted / Remanded May 23, 2023
  The additional documentation submitted since the September 2009 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of ser...
• CAVCCase 04-0140 — Affirmed September 11, 2006
  In May 1982, a VA regional office (RO) denied him entitlement to service connection for his heart-related conditions on the grounds that there was no evidence in his service medica...
• CAVCCase 96-536 — Denied / Affirmed / Vacated / Remanded April 12, 1999
  On June 9, 1989, the Board denied service connection for Meniere's disease....
• CAVCCase 91-1682 — Vacated / Denied March 12, 1993
  Because the Court concludes that the BVA failed to fulfill its statutory duty to assist appellant in developing his claim for service connection for PTSD pursuant to 38 U....
• CAVCCase 99-132 — Affirmed / Vacated / Remanded / Dismissed August 16, 2000
  In May 1970, a VA regional office (VARO) determined that the appellant's schizophrenia was not related to his military service....
• CAVCCase 94-764 — Remanded / Affirmed / Vacated April 29, 1997
  In a December 1987 decision, the Board denied the § 351 DIC claim, finding that the "veteran's death was irrespective of the treatment provided and any factor arising from the trea...
• CAVCCase 95-310 — Remanded / Denied / Vacated November 10, 1998
  sychiatric disorder, including post-traumatic stress disorder (PTSD); the Board also concluded that new and material evidence had not been presented or secured to reopen his previo...
• CAVCCase 96-1669 — Granted / Affirmed March 16, 1999
  FARLEY, Judge: On November 27, 1996, the Board of Veterans' Appeals (BVA or Board) issued a decision which (1) incorporated by reference a 1995 Board determination that new and mat...
• CAVCCase 93-550 — Dismissed / Vacated December 20, 1994
  In October 1972, an RO decision on appeal found "no evidence sufficiently new and material to warrant a rating change"....
• CAVCCase 93-1013 — Vacated / Remanded / Reversed August 10, 1994
  The Board held that appellant had not submitted new and material evidence since a May 4, 1990, VA letter informing him that he was ineligible for VA benefits because the Department...
• CAVCCase 03-1828 — Vacated November 2, 2005
  The matter was returned to the Board in June 2002, and again the Board denied Mr....
• CAVCCase 90-1511 — Affirmed / Remanded / Reversed / Vacated March 31, 1994
  The appellant claims that the BVA erred in determining that the severity of his condition had not increased, and that the Board failed to address his entitlement to a higher rating...
• CAVCCase 02-2259 — Reversed / Remanded / Vacated April 19, 2005
  In an April 1977 decision, the Board found that his multiple-joint arthritis, other than that of his left knee, was not incurred while in service, aggravated by service, or caused ...
• CAVCCase 96-1637 — Vacated / Denied / Dismissed / Granted Sep 15, 2000
  In addition, the Board noted that in order for the appellant to qualify for DIC the veteran must have been in receipt of a 100% rating for 5 10 years prior to his death and that, i...
• BVACase 20005180 — Granted / Denied / Remanded September 24, 2024
  14-09 226A DATE: September 24, 2024 ORDER New and material evidence having been received, the claim of service connection for a low back disorder is reopened and to this extent onl...
• CAVCCase 94-169 — Vacated / Remanded August 9, 1995
  The Board concluded that there was no evidence that the appellant experienced hearing loss during service....
• CAVCCase 92-1391 — Remanded / Affirmed / Vacated April 8, 1994
  The appellant claims the Board erred in declining to reopen his claim for a low-back disorder as caused by either an in-service injury or as secondary to an in-service appendectomy...
• BVACase 230405-336506 — Denied / Granted / Remanded October 7, 2025
  The Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value, accounting for the evidence which it finds t...
• CAVCCase 01-1917 — Remanded / Affirmed / Vacated / Granted March 3, 2006
  § 7261(b)(2), lead to the following conclusions: (1) In Dingess, the Board erred in not providing adequate notice on how to substantiate a TDIU claim, and, applying the rule of pre...
• CAVCCase 91-1688 — Unknown September 16, 1993
  In its July 1991 decision, the Board denied service connection for (1) defective hearing of the left ear, (2) residuals of an injury to the right index finger, (3) pseudofolliculit...
• CAVCCase 96-1624 — Affirmed July 21, 1998
  The Board concluded that the veteran did not suffer from any disability as a result of the administration of LSD-25....
• CAVCCase 94-850 — Vacated October 7, 1996
  In the August 3, 1994, BVA decision here on appeal, the Board concluded that the veteran had not submitted a well-grounded claim for service connection for Crohn's disease....
• CAVCCase 90-178 — Affirmed / Vacated November 12, 1991
  The rating board denied service connection for a nervous condition because there was no evidence of 3 treatment for a nervous condition in service....
• CAVCCase 90-540 — Affirmed / Remanded February 7, 1992
  We find that the Veterans' Administration (now the Department of Veterans Affairs) (VA) breached its statutory duty to assist the veteran because it failed to try to obtain psychia...
• BVACase 23007415 — Granted / Denied / Remanded February 6, 2023
  18-30 679 DATE: February 6, 2023 ORDER New and material evidence having been received, the claim for service connection for bilateral hearing loss is reopened, and to that extent o...
• CAVCCase 97-1178 — Remanded / Denied / Reversed / Vacated August 17, 1999
  In an April 1978 BVA decision, the Board denied increased ratings for the veteran's already service-connected Pott's disease (inactive and previously rated as 60% disabling pursuan...
• BVACase 14-283 — Reversed
  Sullivan appeals from a decision of the Court of Appeals for Veterans Claims (“Veterans Court”) affirming the decision of the Board of Veterans Appeals (“Board”) concluding that th...
• CAVCCase 90-858 — Reversed / Remanded / Denied / Granted August 19, 1992
  The Court holds that the Board's conclusion that November 9, 1984, is the appropriate date for the assignment of a 20% disability rating was clearly erroneous, that the Board faile...
• CAVCCase 96-1695 — Denied / Affirmed October 30, 1998
  The RO declined to reopen the claim, finding that new and material evidence had not been introduced and that PTSD was not noted in the record....
• CAVCCase 93-985 — Vacated July 14, 1995
  This case presents the Court with three related questions: (1) Whether this claim was well grounded when only "hearsay" medical evidence (the appellant's statement as to what his p...
• CAVCCase 90-720 — Vacated / Affirmed February 18, 1994
  3 On July 20, 1988, the rating board denied service connection for a seizure disorder, headaches, peripheral vascular disease, and venous insufficiency....
• CAVCCase 95-0465 — Affirmed April 21, 1997
  NEBEKER, Chief Judge: The appellant, Ann Marciniak, appeals a March 27, 1995, decision of the Board of Veterans' Appeals (BVA or Board) which found that new and material evidence h...
• CAVCCase 91-1074 — Vacated April 23, 1993
  Readjudication Based on New and Material Evidence Pursuant to 38 U....
• BVACase 08-1951 — Reversed / Remanded
  Al- though it acknowledged that he was exposed to mortar fire and had been treated for malaria while in service, the board noted that “the earliest clinical recording of hearing im...
• CAVCCase 91-1868 — Unknown November 5, 1993
  On February 23, 1981, the Board denied an increased evaluation for the service-connected right shoulder condition and denied service connection for the other conditions, including ...
• CAVCCase 97-2180 — Denied / Affirmed February 17, 1999
  FARLEY, Judge: This is an appeal from an October 1, 1997, decision of the Board of Veterans' Appeals (BVA or Board) which, inter alia, (1) found that new and material evidence had ...
• BVACase 19-3106 — Unknown
  2001), to determine that the “benefit of the doubt rule” under 38 U....
• CAVCCase 96-1574 — Affirmed / Denied November 16, 1998
  In a November 3, 1973, BVA decision, the Board determined that "[t]he veteran does not have an identifiable disease entity involving the low back, thighs[,] and legs related to the...