The Board found that the Veteran's cervical spine tumor and resulting disability were not incurred during service or related to events in service, including exposure to ionizing radiation. The preponderance of evidence is against a finding that the post-operative residuals are related to service.
The deciding factor: The Veteran served as a single channel radio operator and did not participate in a 'radiation-risk activity' as defined by regulation for purposes of presumptive service connection for diseases specific to radiation-exposed veterans. The preponderance of evidence is against a finding that the post-operative residuals were incurred during service or are related to events in service, including exposure to ionizing radiation.
- Claimed conditions
- post-operative residuals of cervical spine astrocytoma-ependymoma with Brown-Sequard's syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 7, 2010
- Citation
- 1033533
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 1033533.
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: Denied
The Board found that the Veteran's cervical spine tumor was not incurred during service and is not related to events in service, including exposure to ionizing radiation. The evidence did not support a finding of continuity of symptomatology since service.
- Whole decision: Remanded (sent back)
The Board has remanded the case for further development, including obtaining pathological materials from the Veteran's cervical spine tumor surgery.
- Whole decision: Denied
The Board found that the Veteran's post-operative residuals of cervical spine astrocytoma-ependymoma with Brown-Sequard's syndrome did not meet the criteria for service connection, as there was no credible evidence of a continuity of symptomatology since service and no persuasive evidence that it manifested to a compensable degree within one year following discharge from service.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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