The Board denied service connection for a cervical spine disability as there was no evidence of an in-service injury, and the Veteran's current condition did not manifest until many years after service.
The deciding factor: The VA examiner opined that the Veteran's cervical spine disability was not caused by or related to his military service due to the lack of in-service complaints and the presence of symptoms long before 1998.
- Claimed conditions
- cervical spine sprain/strain syndrome, degenerative joint disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2009
- Citation
- 0909306
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.
- Partly granted
The Board granted service connection for degenerative joint disease of the cervical spine and radiculopathy affecting both upper and lower extremities, while dismissing the claim for cervicogenic headaches.
- Partly granted
The Board granted service connection for cervical strain, degenerative joint disease, and degenerative disc disease, as well as left plantar and anterior distal tibia spurs and enthesopathic changes, both secondary to the Veteran's service-connected left ankle disability. The claim for a TDIU was also granted from April 8, 2009.
- Remanded (sent back)
The Board remanded the claims for readjudication and further development, as new and relevant evidence had been submitted since the prior denials.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inextricably intertwined issues and additional development is needed, including obtaining deck logs from USS Forrestal (CV-59) and a VA opinion regarding the relationship between liposarcoma and exposure to jet fuels.
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