The Board has dismissed the appeal for service connection of a cervical spine disability due to lack of a timely substantive appeal. The claims for left shoulder disability and hepatitis C were also denied as there was no evidence showing they were incurred in or aggravated by service.
The deciding factor: The veteran did not provide a timely substantive appeal, thus jurisdiction is lacking for the cervical spine disability claim. For the left shoulder disability and hepatitis C claims, the Board found that there was insufficient evidence to establish their onset during service or connection to a service-connected condition.
- Claimed conditions
- Cervical Spine Disability, Left Shoulder Disability, Hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 23, 2008
- Citation
- 0824712
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 0824712.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
- Denied
The Veteran's claim for an effective date before April 1, 2018 for a 20% rating for left shoulder disability was denied. The appeal also resulted in the assignment of a 20% rating from April 1, 2018 to March 31, 2018, and a TDIU granted from April 1, 2018 to September 3, 2025.
- Denied
The Board denied the Veteran's claims for service connection for right and left shoulder disabilities, finding insufficient evidence to establish an in-service event or injury related to his shoulders. The Veteran's current shoulder conditions are not linked to his military service.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
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