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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1000467.
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
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.
- 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.
- 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.
- 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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