The VA examination in January 2000 did not result in the veteran's herniated cervical disc, and the Board finds that it was at least as likely as not not due to the examination. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.
The deciding factor: The VA September 2004 opinion considered all of the evidence and found that the veteran's cervical spine herniated disc was at least as likely as not not due to the January 2000 VA examination, which was based on review of the entire record.
- Claimed conditions
- herniated cervical disc, status post cervical diskectomy with fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 7, 2008
- Citation
- 0822192
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 0822192.
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.
- Granted
The Board has granted the Veteran's claim for service connection for her neck disability, finding that there is competent medical evidence indicating it was incurred during her active service.
- Remanded (sent back)
The Board has remanded the claims for service connection and TDIU due to insufficient evidence regarding the nature and origin of the Veteran's neck disability. The case will be returned to the Board once further development is completed.
- Dismissed
The Board dismissed the appeals of the Veteran's claims for service connection due to his death.
- Remanded (sent back)
The Board has remanded the claims of service connection for Parkinson's disease, herniated cervical disc, and herniated thoracolumbar disc due to incomplete development.
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