The Veteran's cervical spine and lumbar spine conditions are not service connected as they were not shown during active duty or within one year of discharge. The upper respiratory infection claim is denied due to lack of evidence showing a current disability.
The deciding factor: There is no medical evidence demonstrating the presence of a current upper respiratory condition, nor any link between the Veteran's exposure to battery acid fumes and his claimed respiratory issue.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Osteoarthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2010
- Citation
- 1031020
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 1031020.
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 Board granted service connection for degenerative disc disease of the cervical spine, left shoulder strain, and osteoarthritis of the left hip status post left hip replacement based on a nexus to the Veteran's military service as a Navy SEAL.
- Granted
The Board granted service connection for degenerative disc disease of the cervical spine, left and right upper extremity radiculopathy, as secondary to a service-connected lower back disability.
- Granted
The Board granted service connection for degenerative disc disease of the cervical spine and carpal tunnel syndrome based on continuity of symptomatology since separation from service.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease of the cervical spine and entitlement to TDIU due to the need for a medical opinion on whether the Veteran's symptoms amount to functional ankylosis.
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