The Veteran's claim for an earlier effective date for the grant of service connection for multi-level cervical spondylosis with cervical strain, secondary to spastic torticollis was denied as there is no evidence of a prior claim or entitlement before December 5, 2005.
The deciding factor: The earliest date that may be assigned for an effective date is the date of receipt of the claim on December 5, 2005. There is no earlier communication in the file that can be construed as a formal or informal claim for service connection before this date.
- Claimed conditions
- multi-level cervical spondylosis with cervical strain
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2009
- Citation
- 0944166
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 0944166.
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.
- Granted
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- Remanded (sent back)
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- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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