The Board has reopened the Veteran's claim for service connection for residuals of whiplash and finds that new evidence received since the September 1996 denial relates to an unestablished fact necessary to substantiate the claim. The issue is now on its merits.
The deciding factor: New evidence submitted by the Veteran, including a March 2004 VA MRI report indicating mild disc osteophyte complex in the cervical spine, raises a reasonable possibility of substantiating the claim for service connection for residuals of whiplash.
- Claimed conditions
- residuals of whiplash
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 10, 2012
- Citation
- 1223717
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 1223717.
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 Board has reopened the veteran's claim for service connection for residuals of whiplash and cervical spine, finding new and material evidence. However, it denied service connection due to lack of a nexus between the current disabilities and service.
- Remanded (sent back)
The Board has remanded the case for additional development, including verifying a claimed car accident and scheduling a VA examination to determine if the veteran has current cervical spine or whiplash residuals.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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