The Board found that the appellant's pre-existing cervical spine disorder did not increase in severity during service and is not presumed to have been incurred due to military service. The current right upper extremity radiculopathy is also considered a result of his pre-service injury, not related to active duty.
The deciding factor: The appellant's pre-existing cervical spine disorder was not aggravated by service, and arthritis of the cervical spine cannot be presumed to have occurred during service.
- Claimed conditions
- Cervical spine disorder, Right upper extremity radiculopathy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2003
- Citation
- 0308804
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 0308804.
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.
- Partly granted
The Board denied an increased rating for allergic rhinitis and remanded the claims for cervical spine, hip, thigh, and hip extension disorders for further development.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Denied
The Board denied an initial rating in excess of 50 percent for generalized anxiety disorder and an initial rating in excess of 30 percent for paroxysmal atrial fibrillation post ablation, finding the evidence did not support a higher rating. The claims for service connection for cervical spine disorder, left upper extremity radiculopathy, and right upper extremity radiculopathy were remanded.
- Partly granted
The Board granted service connection for a separate 50 percent initial rating for insomnia as secondary to tinnitus, and denied an increased rating for tinnitus. The Board also granted service connection for headache disability, low back disability, left lower extremity radiculopathy, cervical spine disability, and right upper extremity radiculopathy.
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