The Board has determined that the January 1981 rating decision denying service connection for a cervical compression fracture was clearly and unmistakably erroneous, thus granting the claim based on new evidence.
The deciding factor: The evidence showed a pre-service neck injury but also clear and unmistakable evidence showing the fracture occurred during military service.
- Claimed conditions
- Cervical compression fracture
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2005
- Citation
- 0511091
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 0511091.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional VA examinations.
- Granted
The Veteran's service-connected muscle wound of the right neck is granted a disability rating of 30 percent. The ratings for paralysis of the right vocal cords, cervical compression fracture, and anterior neck scarring are denied.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
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