The Board has reopened the claim for service connection due to new evidence showing a history of neck pain since service, but has denied the claim as there is no link between the Veteran's current cervical spine disability and his in-service injury.
The deciding factor: The preponderance of the evidence fails to establish a link between the Veteran's in-service injury and his current DDD of the cervical spine.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2009
- Citation
- 0943713
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0943713.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Board denied a rating in excess of 20 percent for degenerative disc disease (DDD) of the cervical spine and a rating in excess of 10 percent for radiculopathy of the left lower extremity prior to June 3, 2022.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an increased rating and TDIU due to inadequate examination reports in the previous decisions. The Veteran needs a new VA examination to assess his cervical spine disability, including range of motion during flare-ups and repeated use.
- Remanded (sent back)
The Board remands the issues of entitlement to an initial evaluation in excess of 10 percent prior to December 26, 2007, and in excess of 20 percent thereafter for degenerative disc disease (DDD) of the cervical spine due to inadequate explanation of denial of higher evaluations.
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