The Board found that the veteran's injuries were not incurred in or aggravated by service, and denied his claims for service connection.
The deciding factor: There is no evidence showing that the veteran sustained a cervical or lumbar injury during his period of ACDUTRA from May 11, 1979, to August 9, 1979. The Board also found that there was insufficient evidence to establish service connection for the disabilities based on direct causation.
- Claimed conditions
- disability of the cervical, thoracic, and lumbar spine, residuals of a broken neck, bilateral shoulder condition, scar of the neck
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2006
- Citation
- 0628302
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 the petition to reopen the claim of entitlement to service connection for a bilateral shoulder condition, but denied petitions to reopen claims for residuals of heat exhaustion, any dysfunction regulating body temperature, and a right ankle condition. The Board also remanded claims for bruxism and a bilateral shoulder condition.
- Denied
The Board denied the veteran's claims for service connection and an increased rating, as well as remanded certain issues for further development.
- Dismissed
The veteran's appeal requests were not timely filed, and good cause was not shown to accept the late filings.
- Partly granted
The Board granted a 30 percent rating for the Veteran's stress fracture, mid-distal femur, right leg with limited flexion and restored the 30 percent rating for the Veteran's stress fracture, mid-distal femur, right leg with limitation of abduction and rotation. The other claims were denied.
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