The Veteran's appeal was withdrawn. The Board granted service connection for cervical spine arthritis, claimed as a cervical spine condition, on a presumptive basis due to its presence within one year of separation from active duty.
The deciding factor: The Veteran presented with diagnosed cervical spine arthritis that became disabling within the first post-service year and thus is presumed incurred in service.
- Claimed conditions
- lumbar myositis, bilateral sacroiliitis, degenerative changes and bulging discs at L5-S1, gastroesophageal reflux disorder (GERD), chronic epididymitis, left minimal degenerative changes, talar dome, cervical spine arthritis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2010
- Citation
- 1042997
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 1042997.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Granted
The Board has granted the Veteran's claim for service connection for a neck/cervical spine disability, finding that his current condition is at least as likely as not related to active duty service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for headaches and gastroesophageal reflux disorder (GERD) due to secondary service connection. The Veteran is seeking service connection for these conditions as being related to his service-connected allergic rhinitis, allergic conjunctivitis, and status post-lumbar laminectomy.
- Remanded (sent back)
The Veteran's GI disorders are related to his service, but the AOJ needs to determine which specific deployments and activities caused these conditions. The case is being remanded for further development.
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