The Veteran's current neck disorder was not related to his military service.
The deciding factor: The VA examiner concluded that the Veteran's cervical spine disorder is more likely related to his age and occupation as a construction worker than to service, given the lack of available service treatment records and the first evidence of any complaints or diagnoses of a neck disorder over 41 years after service discharge.
- Claimed conditions
- neck disorder, skin disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2009
- Citation
- 0910414
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 the veteran's claims for earlier effective dates and increased ratings, as well as higher levels of special monthly compensation.
- Remanded (sent back)
The Board remands the claims for service connection for a neck disorder, hair loss, PTSD, bilateral foot disorder, bilateral arm numbness, and restless body syndrome due to pre-decisional duty to assist errors.
- Denied
The Board denied service connection for right ankle, left ankle, low back, neck disorders and obstructive sleep apnea (OSA) as there was no evidence of a current disability or that the claimed conditions were related to the Veteran's military service.
- Dismissed
The Board dismissed the claims for service connection for chronic lymphocytic leukemia and a skin disorder due to an improper concurrent election. The effective dates for the lumbar spine disability, left lower extremity radiculopathies, and TDIU were denied as they did not meet the criteria for earlier effective dates.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.