The Board found that the veteran's disabilities of the spine, including cervical spondylosis and degenerative disc disease of the lumbar spine, were not incurred in or aggravated by active service.
The deciding factor: There was no contemporaneous evidence of a spinal disability during service, and the VA examiner could not determine if the veteran suffered an acceleration injury to his neck during the 1965 fall that occurred in service. The weight of the evidence established that the appellant's disabilities of the spine were not present in service.
- Claimed conditions
- arthritis of the spine, degenerative disc disease of the lumbar spine, cervical spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2006
- Citation
- 0606413
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 granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Granted
The Board granted service connection for multiple conditions, including bilateral foot disability, knee disability, ankle disability, cervical degenerative disc disease, spondylosis, and cervicalgia, secondary to a service-connected lumbar strain, as well as GERD. The claims of readjudication were also granted.
- Dismissed
The appeal for service connection for cervical strain with degenerative disease and degenerative disc disease of the lumbar spine was dismissed as it was not timely filed.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance is granted, as he requires regular assistance with dressing, keeping himself clean and presentable, and attending to his bodily needs due to service-connected disabilities.
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