The Veteran's claims for increased ratings and service connection were denied. The denial of the Hepatitis C claim was final, as no new and material evidence had been presented since its previous denial in September 2006.
The deciding factor: The VA determined that there was insufficient evidence to grant an increased rating or reopen the Hepatitis C claim based on the lack of new and material evidence.
- Claimed conditions
- Benign liver cysts, Cervical strain with degenerative disc disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 5, 2010
- Citation
- 1000467
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. Read the original VA decision (opens in a new tab) using citation 1000467.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's cervical strain with degenerative disc disease is rated at 30 percent, and he is granted service connection for vertigo and cervicogenic headaches secondary to this condition.
- Whole decision: Partly granted
The Board denied increased ratings for cervical strain with degenerative disc disease, right and left thumb, index, long, ring, and little finger degenerative arthritis, and right knee tendonitis. However, a separate rating of 10 percent was granted for the group of minor joints composed of the right and left ring and little fingers.
- Whole decision: Denied
The Veteran's cervical strain with degenerative disc disease is currently rated at 10 percent prior to September 20, 2021, and at 30 percent thereafter. The claim for a higher rating remains denied as the evidence does not support an increase in ratings.
- Whole decision: Remanded (sent back)
The Board has remanded the case for a VA examination to assess the Veteran's cervical spine condition, as the previous examination did not adequately address flare-ups and their impact on function.
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