The Board denied the veteran's claim for service connection for a cervical spine disability, as there was no evidence that his current condition was related to an in-service injury or event.
The deciding factor: The October 2008 VA medical opinion concluded that the veteran's current cervical spine disability was most likely due to his long work history as a painter and not caused by or resulting from his April 1959 in-service neck injury, which was diagnosed as psychogenic musculoskeletal reaction.
- Claimed conditions
- Cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904265
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.
- Denied
The Board denied service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
- Partly granted
The Board granted service connection for a separate 50 percent initial rating for insomnia as secondary to tinnitus, and denied an increased rating for tinnitus. The Board also granted service connection for headache disability, low back disability, left lower extremity radiculopathy, cervical spine disability, and right upper extremity radiculopathy.
- Partly granted
The Board granted service connection for a lumbar spine disability, a cervical spine disability, and right ear hearing loss but denied service connection for sinusitis. The left ear hearing loss claim was remanded.
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