The Board denied service connection for degenerative disc disease of the cervical spine, DDD of the lumbosacral spine, axonal sensorimotor neuropathy and radiculopathy of the lower extremities, and a right shoulder disability as they were not related to the Veteran's active duty service.
The deciding factor: The lack of complaints immediately following the accident and during the weeks and months that followed suggested that any neck injury that did occur at that time was clinically trivial. The Veteran had other risk factors for the development of DDD, such as advancing age, smoking, and a history of physical activity associated with repetitive stress on the spine over many years in his post-service employment.
- Claimed conditions
- Degenerative disc disease (DDD) of the cervical spine with associated myelopathy and neuropathy, Axonal sensorimotor neuropathy and radiculopathy of the lower extremities, Right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911177
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 appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Partly granted
The Board granted service connection for a right knee disability and PTSD, remanded several claims including those for a left knee disability, right shoulder disability, hypertension, craniomandibular disorder, and a compensable rating for residuals of a right femur fracture.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Dismissed
The appeals for increased ratings and service connection were withdrawn by the veteran's authorized representative.
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