The Board granted the veteran's motion to vacate that part of its September 2007 decision, which denied service connection for herpes zoster to include as secondary to a disability of the cervical spine. The other issues were not addressed due to procedural errors.
The deciding factor: The veteran implicitly withdrew his claim before the Board issued its decision in September 2007 when he filed a document in February 2007 that reasonably construed as a notice of disagreement to the July 2006 denial of compensation under 38 U.S.C.A. § 1151 for post-herpetic neuralgia.
- Claimed conditions
- strain of the cervical spine, residuals of a left great toe injury and hallux valgus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2007
- Citation
- 0736595
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 0736595.
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.
- Denied
The Veteran's claim for service connection of spinal stenosis and strain of the cervical spine was granted with an effective date of February 3, 2021. The Board denied a request for an earlier effective date as there was no prior submission of a formal or informal service connection claim.
- Granted
The Veteran's spondylosis, degenerative disc disease, and strain of the cervical spine are found to be related to service. Service connection is granted.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for service-connected patellofemoral syndrome (including degenerative joint disease) of the bilateral knees and strain of the cervical spine due to inadequate examinations in February 2018.
- Denied
The Veteran's cervical spine disability has not been shown to warrant a rating in excess of 20 percent since July 11, 2016.
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