The Board denied service connection for both the thoracic spine condition (claimed as residuals of a back injury) and the cervical spine condition, finding that there was no clear and unmistakable evidence to show pre-service existence or aggravation during service. The veteran's current conditions are considered to be due to his own development over time.
The deciding factor: The Board found that the thoracic spine condition likely existed prior to service and did not become aggravated by military service, while the cervical spine condition was deemed to have developed independently of any service connection.
- Claimed conditions
- Thoracic spine condition, claimed as residuals of back injury, Cervical spine condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 15, 2008
- Citation
- 0835422
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. Search VA.gov for the original decision (opens in a new tab) using citation 0835422.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine condition and left shoulder condition due to a pre-decisional duty to assist error, as VA failed to provide the Veteran with VA examinations and medical opinions to assess the nature and etiology of his conditions.
- Whole decision: Granted
The Veteran's claim for service connection for a cervical spine condition was granted as new and relevant evidence has been received. The case is remanded to obtain additional medical records, provide a VA examination, and determine the etiology of the Veteran's cervical spine condition.
- Whole decision: Remanded (sent back)
The Board has remanded the cases for further development and consideration due to inadequate opinions regarding the Veteran's cervical spine condition and TBI. The VA will obtain an adequate opinion on both issues.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for a cervical spine condition due to new evidence submitted since the last decision. The VA examinations provided conflicting opinions regarding the etiology of the Veteran's cervical spine condition, and a new examination is needed.
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