The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service and cannot be presumed based on the one-year presumption for a chronic disease. The VA examiner found no link between the service-connected right hip and right knee disabilities and the cervical spine disability, nor did they find aggravation of the nonservice-connected cervical spine disability.
The deciding factor: The VA examiner concluded that there was no credible medical evidence linking the cervical spine disability to the service-connected right hip or right knee disabilities, and imaging studies showed stable degenerative changes in the cervical spine over time.
- Claimed conditions
- Degenerative Joint Disease (Cervical Spine)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2012
- Citation
- 1234288
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 1234288.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an earlier effective date for a 30 percent disability rating for his cervical spine disability is denied. The Board found that there was no evidence of worsening in the one year prior to his May 7, 2019, claim for an increased rating.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, and an increased rating for other specified trauma- and stressor-related disorder. The Veteran's claims for service connection for degenerative joint disease of multiple joints were remanded.
- Granted
The Veteran's claims for service connection for COPD, cervical spine disability, radiculopathy (right and left upper extremities), posttraumatic residual degenerative joint disease of the right hip, posttraumatic residual fracture injury of right leg with impairment of right knee extension, obstructive sleep apnea, lumbar spine disability, and TDIU are all granted. The Veteran's cervical spine disability is rated at 30% from August 3, 2023 onwards.
- Remanded (sent back)
The Board has remanded the case due to issues with the rating assigned for cervical spine degenerative joint disease and upper extremity radiculopathy, including failure to address certain evidence and lack of clear criteria for assigning ratings.
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