The veteran is seeking to reopen his claim of service connection for a cervical spine injury sustained in April 1980, which he claims was not the result of willful misconduct. The case is being remanded due to VCAA notification issues.
The deciding factor: The original denial was based on the finding that the injuries were caused by the veteran's own willful misconduct and not in line of duty.
- Claimed conditions
- fracture of cervical vertebra with dislocation and limited motion
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2007
- Citation
- 0733293
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 0733293.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a fractured neck, as the evidence does not raise a reasonable possibility of substantiating his claim.
- 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.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
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