The Board denied the veteran's claims for service connection for a cervical spine disorder, bilateral defective hearing with tinnitus, and an increased evaluation for his gastrointestinal disorder. The denial was based on the absence of new and material evidence to reopen the claim for cervical spine disorder.
The deciding factor: The additional evidence submitted since 1997 did not relate to current findings or establish a nexus between service and the conditions.
- Claimed conditions
- cervical spine disorder, bilateral defective hearing with tinnitus, gastrointestinal disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 28, 2005
- Citation
- 0509164
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 0509164.
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.
- Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, finding that side effects from prescribed medications contributed substantially and materially to his accidental motorcycle collision resulting in fatal injuries.
- Remanded (sent back)
The Veteran's claims for mental depression/anxiety, obstructive sleep apnea (OSA), and gastrointestinal disorder are remanded due to the need for VA examinations and an adequate medical opinion.
- Dismissed
The Veteran's appeals to service connection for obstructive sleep apnea, shin splints of the right and left lower extremities, multiple sclerosis (MS), thoracolumbar spine disorder, cervical spine disorder, left elbow disorder, left knee disorder, migraine headaches, and right knee disorder are dismissed.
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