The veteran's claims for service connection for respiratory disorder (chronic sinusitis) and residuals of renal cell cancer have been granted. The Board is unsure about the status of his cervical spine disability claim, but secondary service connection has been established for peripheral vascular disease affecting both lower extremities.
The deciding factor: Service records show no evidence of chronic conditions like sinusitis or kidney cancer prior to retirement from active duty. However, post-service medical records document these conditions and their treatment. For the cervical spine issue, the Board is uncertain due to lack of clear service connection evidence but acknowledges secondary service connection based on diabetes.
- Claimed conditions
- Cervical Spine Disability, Peripheral Vascular Disease of the Left Lower Extremity, Peripheral Vascular Disease of the Right Lower Extremity, Residuals of Renal Cell Cancer, Respiratory Disorder (Chronic Sinusitis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 12, 2004
- Citation
- 0412361
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0412361.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Denied
The Veteran's claims for service connection for TMD, cervical spine disability, and FSAD have been denied.,An earlier effective date prior to August 2, 2022, for the award of service connection for these conditions has also been denied.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to inadequate examinations. The Veteran is required to undergo new VA examinations to assess her current and retrospective severity of these disabilities.
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