The Veteran's cervical spine arthritis was found to have become manifest within one year of separation from service, warranting presumptive service connection. Non-cervical spine arthritis was not shown until many years after service and is presumed to be unrelated to service.
The deciding factor: Cervical spine arthritis became manifest within the first post-service year, meeting the criteria for presumptive service connection under 38 C.F.R. § 3.309(a). Non-cervical spine arthritis was not shown until many years after separation from service and is presumed to be unrelated to service.
- Claimed conditions
- Osteoarthritis of the cervical spine, Arthritis of the thoracolumbar spine, Arthritis of the extremities
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 14, 2012
- Citation
- 1217257
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 1217257.
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.
- Granted
The Veteran's claim for an effective date of March 26, 2018, for arthritis of the thoracolumbar spine with IVDS and associated right lower extremity radiculopathy has been granted. The rating assigned is 40 percent.
- Partly granted
The Board granted restoration of a 50 percent rating for TMJ disorder and denied a higher rating, while also granting an initial 40 percent rating for arthritis of the thoracolumbar spine and denying a higher rating.
- Remanded (sent back)
The Board has remanded multiple issues related to the Veteran's spine, bilateral lower extremity, and foot disabilities due to a Joint Motion for Partial Remand (JMPR). The issues include increased ratings for these conditions as well as entitlement to SMC based on aid and attendance and loss of use.
- Denied
The Board has denied the Veteran's claims of service connection for thoracolumbar and cervical spine disabilities, finding that there is no evidence linking these conditions to his military service.
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