The Veteran's postoperative residuals of a diskectomy and fusion, cervical spine were not incurred in or aggravated by active service.
The deciding factor: There is no evidence showing that the Veteran's current cervical spine disability was present during his period of service or within one year thereafter, and there is no continuity of symptoms shown. The Veteran's statements regarding etiology do not constitute competent medical evidence on which to make a service connection determination.
- Claimed conditions
- postoperative residuals of a diskectomy and fusion, cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2010
- Citation
- 1004579
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 1004579.
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 service connection for multiple conditions, including cervical spine, chronic fatigue, and various nerve damages, as the evidence did not support a finding of a current disability related to in-service events.
- Granted
The Board granted a 10 percent disability rating for the Veteran's service-connected cervical spine, finding that there was functional loss due to pain causing additional disability beyond that reflected on range of motion measurements.
- Remanded (sent back)
The Board remands the claims for service connection for cervical spine, left elbow, and left foot to correct a duty to assist error that occurred prior to the March 2024 decision on appeal.
- Remanded (sent back)
The Board remands the claim for service connection for cervical spine to correct a duty to assist error that occurred prior to the July 2021 rating decision.
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