The Board found that the Veteran's current neck disorder, including cervical spine canal stenosis, was not incurred or aggravated in active service and is not related to his military service.
The deciding factor: There is no clear and unmistakable evidence of a pre-existing condition, and the VA examiner concluded that the current neck disability did not pre-exist service. The Veteran's reported neck pain during service is considered credible, but there is insufficient medical evidence linking the current condition to service.
- Claimed conditions
- neck injury, cervical spine canal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2012
- Citation
- 1241200
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 1241200.
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.
- Granted
The Board has granted the Veteran's request to recognize his December 17, 2008 correspondence as a timely and valid Notice of Disagreement (NOD) with the November 2008 rating decision. The underlying compensation claims will be addressed in a separate Board decision under the Legacy appeal system.
- Granted
The Veteran's kidney stones, neck injury, asthma, and right leg or knee disability are all granted. The Veteran is also awarded a 30% rating for his neck injury. However, the claims for service connection for asthma and right leg or right knee disabilities are remanded due to lack of proper development.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to pre-decisional duty to assist errors, including failure to obtain VA and private medical records related to his hip conditions, neck injury, and right shoulder injury.
- Remanded (sent back)
The Board has determined that the character of the Appellant's discharge is a bar to VA benefits, and thus did not address his service connection claims. The case is being remanded for the AOJ to obtain missing records related to the special court-martial and complete a new determination on the character of the discharge.
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