BVA Decisions on Back
496 real Board of Veterans' Appeals decisions on VA disability claims involving back. Each links to the full decision, reasoning, and citations.
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Case 11-2349 — Affirmed / Remanded / Vacated August 10,2012SCHOELEN, Judge :The appellant, Mark McClellan III ,appeals through counsel a June 22, 2011,Board of Veterans'Appeals (Board)decision that (1)determined new and material evidence h...
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Case 24-2807 — Vacated / Remanded September 9,2025In December 2021,the Board determined that the October 2021 VA examination report was inadequate and that another examination ....
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Case 24-4659 — Reversed / Remanded / Vacated August 29,2025On May 10,2024,the Board denied disability ratings for MDD with anxious distress in excess of 10%for the period from August 10,2015,to November 14,2018; in excess of 50%for the per...
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Case 90-1360 — Unknown March 1, 1993The 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...
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Case 12-2616 — Remanded / Reversed / Vacated May 21,2014Osowiecki and, on remand,the Board determined the RO decision to be void ab initio,and the 10%was restored,effective April 1, 1969....
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Case 19-0001 — Affirmed / Vacated / Remanded April 7,2021A May 2009 private nexus opinion notes that [d]ue to the impossibility to use [the right] arm Mr....
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Case 23-6651 — Affirmed August 21,2024In the October 2023 decision on appeal,the Board denied entitlement to benefits for degenerative arthritis;lumbosacral disc degeneration with herniated disc and moderate stenosis a...
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Case 18-1103 — Vacated / Remanded May 29,2020The examiner also noted that the appellant had described the severity of his PTSD as mild,but the examiner gave the appellant the benefit of the doubt that his symptoms wax and wan...
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Case 21-2416 — Affirmed March 31,2022In January 2020,the Board denied the claim for an effective date earlier than December 13, 2005,for service connection for bronchial asthma....
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Case 23-6144 — Vacated / Remanded October 8,2024The following month, in a letter addressed to the appellant at Bellini Way in Sacramento , VA advised him that his claim for benefits for PCS had previously been denied and that he...
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Case 11-3732 — Affirmed / Remanded July 9,2013The Board denied disability compensation for headaches,noting that (1)evidence demonstrating headaches in service related the headaches to the appellant's sinus problems, and the a...
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Case 24-1022 — Affirmed / Vacated / Remanded June 30,2025The Board noted that neither the veteran nor his representative alleged any error with VA's duty to assist or a lack of substantial compliance with the September 2022 Board remand ...
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Case 96-1214 — Affirmed / Vacated / Remanded February 11, 1999In 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...
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Case 15-2585 — Vacated / RemandedThis matter was referred to a panel of the Court, with oral argument,to address the circumstances under which the duty to assist requires VA,in a claim for service connection for a...
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Case 23-2243 — Unknown April 26,2024The Court will vacate the part of the Board's decision that failed to address the appellant's argument in his December 2021 NOD that he was entitled to compensation for unrated man...
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Case 24-2408 — Vacated / Remanded April 30,2025The Board subsequently remanded the claim to obtain a medical nexus opinion, directing the examiner to address the appellant's statements that his knee disability resulted from car...
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Case 94-503 — Affirmed November 5, 1997Savage, 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...
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Case 22-1071 — Vacated October 31,2023October 2019 Board Remand and Development In an October 2019 remand order,the Board found that a new VA examination was required to address the severity of her service-connected le...
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Case 19-4559 — Vacated / Remanded / Affirmed July 30,2020Shanahan ,through counsel appeals a March 19,2019,Board of Veterans'Appeals (Board) decision finding that new and material evidence had not been received to reopen a claim of entit...
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Case 02-0656 — Remanded / Vacated April 2, 2004In the February 8, 2002, BVA decision here on appeal, the Board denied service connection for the veteran's MS....
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Case 20-2118 — Affirmed / Vacated / Remanded June 24,2021VA also obtained a thyroid examination;the VA examiner noted that the appellant was diagnosed with hypothyroidism in 2009 and opined that the condition was not related to the nonst...
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Case 19-5724 — Vacated / Remanded March 16,2023She also argues in her initial brief that an August 1990 rating decision never addressed whether this evidence from 1989 and 1990 was new and material evidence within the meaning o...
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Case 22-4960 — Vacated / Remanded / Affirmed December 13,2023The next month, another audiologist provided a negative nexus opinion....
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Case 14-1330 — Vacated / Remanded June 30,2015Regarding VA's duty to assist,the Board found the March 2012 audiological examination adequate to enable the Board to make an informed decision on the claims,noting that the examin...
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Case 23-2226 — Unknown July 31,2024Rice ,through counsel,appeals a March 3,2023, Board of Veterans'Appeals (Board)decision in which the Board denied entitlement to service connection for (1)obstructive sleep apnea (...
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Case 23-5618 — Affirmed November 25,2024McDonough ,the appellant argues that remand is required for the Board to use the correct test for 'employment in a protected environment,'that his employment did or did not shield ...
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Case 22-3013 — Vacated / Remanded July 25,2023As for secondary service connection,the examiner found that [t]he two conditions are not medically related, [t]he claimed disorder is a separate entity entirely from the service[-]...
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Case 91-1591 — Affirmed / Remanded January 11, 1994That 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...
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Case 14-3126 — Vacated / Remanded / Affirmed June 16,2015As an initial matter,the Board found that VA had satisfied its duty to assist because VA had conducted all development necessary to substantiate the claims....
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Case 24-7325 — Vacated / Remanded / Affirmed December 11,2025The RO denied the claim as to the right shoulder because he had not submitted new and material evidence and as to the left shoulder because there was no evidence of nexus or of an ...
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Case 23-5486 — Unknown March 31,2025In April 2021,the Board remanded the case for an additional medical opinion, noting that the October 2020 medical opinion did not address the questions posed in the Board's remand ...
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Case 11-0325 — Affirmed February 14,2012Levario appears to argue that the Board's determinations that he was not entitled to VA benefits for a left knee disability,sling palsy,and trauma to the left side of the waist wer...
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Case 12-1845 — Reversed / Vacated / Remanded March 20,2014For the reasons that follow,the Court will reverse the Board's finding that the veteran did not submit new and material evidence sufficient to reopen his 1 The Board referred to a ...
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Case 24-4510 — Unknown September 9,2025PIETSCH, 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 extre...
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Case 14-1297 — Affirmed March 30,2015The Board remanded the bilateral knee claim with instructions that VA obtain private treatment records and provide the appellant with a medical examination and opinion as to whethe...
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Case 99-179 — Vacated May 5, 2000Brown , appeals a January 20, 1999, decision of the Board of Veterans' Appeals (BVA or Board) that (1) determined that new and material evidence had not been submitted to reopen a ...
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Case 19-2504 — Unknown April 13,2021Harrison , through counsel,appeals a December 18,2018,Board of Veteran's Appeals (Board)decision in which the Board denied service connection for a neck condition and bilateral hea...
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Case 23-3225 — Affirmed September 27,2024In February 2020,the Board determined that based on the evidence of record,an effective date earlier than November 1,2016, is not warranted....
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Case 23-2829 — Affirmed / Vacated / Remanded September 30,2024However,after weighing the evidence,the Board found the veteran's contemporaneous statements at separation from service,which denied headaches and muscle pain,to be more credible t...
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Case 93-1220 — Affirmed / Vacated / Remanded August 1, 1996In a September 1978 BVA decision, the Board denied service connection for a back disability....
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Case 91-619 — Vacated April 10, 1991The 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...
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Case 10-1267 — Remanded / Affirmed / Reversed / Vacated December 29,2011, through counsel,appeals an April 5, 2010,Board of Veterans'Appeals (Board)decision in which the Board denied the appellant's claims to reopen a previously denied claim for servic...
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Case 22-1946 — Vacated / Remanded September 16,2024VA advised him that the claim was previously denied in February 1981 and that he needed to submit new and material evidence to reopen it....
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Case 22-5983 — Affirmed December 12,2023Parties'Arguments The appellant contends that the Board failed to provide an adequate statement of reasons or bases because the Board did not sufficiently consider the January 2016...
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Case 19-8927 — Unknown December 30,2021Simpson ,through counsel, appeals an August 20,2019,Board of Veterans'Appeals (Board)decision in which the Board found no clear and unmistakable error (CUE)in an October 16,1995,VA...
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Case 15-3657 — Remanded / Vacated / Reversed / Affirmed January 31,2017Finally,the Board denied effective dates earlier than March 5,2009,for the grants of service connection for right ear hearing loss and tinnitus....
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Case 14-0138 — Vacated / Remanded March 16,2015In the December 27,2013,decision on appeal,the Board denied disability compensation for migraine headaches,a central nervous system disability manifested by dizziness,bilateral hea...
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Case 21-3714 — Affirmed / Vacated / Remanded August 31,2023In his brief,the appellant argued that the Board erred in relying on a medical opinion premised on medical treatises,without addressing the probative value of the opinion in light ...
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Case 01-345 — Vacated June 27, 2003STEINBERG, 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...
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Case 13-0540 — Vacated / Remanded February 9,2015On appeal,the appellant contends that the Board failed to provide an adequate statement of reasons or bases for rejecting his testimony concerning the continuity of his symptoms af...
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Case 22-6596 — Vacated / Remanded / Affirmed October 5,2023Higgins , through counsel appeals a November 17,2021, Board of Veterans'Appeals (Board)decision denying disability compensation for bilateral hearing loss and determining that new ...
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Case 17-0002 — Reversed / Remanded July 20,2017In May 1998,less than two months after the RO's initial denial of service connection for lung cancer,the RO sent the veteran a letter erroneously instructing him that he needed to ...
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Case 17-3598 — Vacated / Remanded May 8,2019Wisgo , through counsel,appeals a June 13,2017,Board of Veteran's Appeals (Board)decision in which the Board denied service connection for an inguinal hernia and back disability....
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Case 21-2635 — Vacated / Remanded July 26,2022The RO advised the appellant that [e]fforts to obtain [his] service treatment records from all potential sources were unsuccessful and that [t]he [NPRC]reported that the records ma...
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Case 22-3160 — Affirmed October 23,2023In an April 2019 decision, the Board denied entitlement to an effective date earlier than August 17,2011,for the grant of TDIU for accrued-benefits purposes....
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Case 22-1803 — Unknown October 30,2023The veteran asserted that though he was granted service connection in March 1985 for neuropathy of the left common peroneal nerve,the March 1985 rating decision did not address ser...
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Case 22-464 — Vacated / Remanded January 26,2023Yarbrough , through counsel,appeals an October 28,2021,Board of Veterans'Appeals (Board) decision in which the Board denied service connection for a disability manifested by memory...
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Case 08-2005 — Vacated / Remanded March 13,2009LANCE, Judge :The appellant,James Baker,through counsel,appeals a June 24,2008, Board of Veterans'Appeals (Board)decision that found new and material evidence had not been submitte...
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Case 07-0882 — Vacated / Remanded June 15,2009, through counsel,appeals a November 28,2006,Board of Veterans' Appeals (Board)decision in which the Board denied his claim for entitlement to service connection for left and right...
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Case 08-0816 — Remanded / Vacated March 31,2011Fontenot , through counsel,appeals a May 7, 2008,Board of Veterans' Appeals (Board)decision in which the Board denied his claims for entitlement to service connection for bilateral...
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Case 23-6519 — Unknown January 17,2025In an April 2003 rating decision,the RO found no new and material evidence to reopen a claim for a right knee condition....
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Case 23-3528 — Unknown May 13,2024Ferrerio,appeals the May 9, 2023,Board of Veterans'Appeals (Board)decision in which the Board denied service connection for a heart disability....
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Case 10-1922 — Remanded / Vacated / Affirmed December 5,2011Because the Secretary concedes,and the Court agrees, that the Board provided inadequate reasons or bases for its determination that new and material evidence had not been received,...
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Case 22-2306 — Affirmed / Vacated / Remanded September 29,2023Silberstein , through counsel,appeals a December 29,2021,Board of Veterans'Appeals (Board)decision in which the Board denied service connection for (1)asthma,manifested by shortnes...
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Case 04-2310 — Remanded / Vacated / Affirmed May 11,2009The appellant perfected an appeal to the Board,and in August 1999,the Board denied a disability rating greater than 30%for his PTSD and denied entitlement to a TDIU rating....
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Case 21-0347 — Affirmed / Vacated / Remanded November 8,2021The examiner is notified that findings of not due to, not caused by, and not related to are insufficient to address the question of aggravation....
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Case 23-0038 — Affirmed / Vacated / Remanded June 28,2024In response to a claim received on March 15,2018, 4 a VA regional office (RO) denied service connection for both diabetes and anxiety based on a lack of new and material evidence,a...
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Case 22-7547 — Affirmed January 31,2024There must be a nexus of auditory damage to relate current hearing loss to military noise and not another etiology....
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Case 23-4685 — Unknown April 10,2024Alford's hearing loss was less likely than not related to his military service....
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Case 23-4041 — Vacated / Remanded January 28,2025In addition,the appellant maintains that the VA examiner failed to consider or comment on (1)[the appellant] not being permitted to stay overnight;(2)his lay statements that after ...
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Case 20-1455 — Vacated / Remanded September 14,2021In October 2003, the appellant requested that his disability compensation claim for the back be reopened based on new and material evidence....
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Case 17-3373 — Affirmed January 9,2019The Board found that service connection was not warranted because the appellant did not exhibit a bilateral hearing loss disability for VA purposes....
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Case 23-4298 — Affirmed / Vacated / Remanded July 30,2024Additionally,the Board awarded disability compensation for pseudofolliculitis barbae and found that new and material evidence had been submitted to reopen claims for disability com...
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Case 12-885 — Vacated / Remanded August 15,2013In doing so,the Board found that the appellant's military occupational specialty and personnel records ....
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Case 06-1464 — Vacated / Remanded June 30, 2008Croy had submitted new and material evidence sufficient to reopen a claim for service connection for a lower back disability; (2) denied that claim on the merits; (3) denied servic...
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Case 19-7428 — Remanded / Vacated April 1,2021The examiner noted that the appellant's headaches are not related to his TBI,but he did develop some personality changes following his in-service head injury,which he believes have...
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Case 94-661 — Reversed / Vacated March 7, 1997In order to conduct meaningful research, the veteran must provide the "who, what, where[,] and when" of each stressor....
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Case 95-984 — Unknown June 14, 2001Court 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...
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Case 23-5851 — Remanded / Vacated November 27,2024The accompanying medical opinions concluded that the veteran's left and right foot conditions were less likely than not related to service because there was [n]o chronic evaluation...
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Case 22-4221 — Affirmed June 9,2023The VA examiner diagnosed an insomnia disorder but opined that [t]he timing of the onset of insomnia,combined with the lack of other trauma[-]related symptoms, indicates that insom...