The Veteran's claims for increased rating of neck scar, service connection for psychiatric disability and cervical spine disability, and special monthly compensation based on a spouse's need for aid and attendance were denied. The Board found that the evidence did not support higher ratings or additional benefits.
The deciding factor: The evidence did not show any new characteristics of disfigurement or visible/palpable tissue loss sufficient to warrant an increased rating under Diagnostic Code 7800, nor was there objective evidence supporting a separate rating for pain associated with the scar. The cervical spine disability and psychiatric disability were found to be service-connected based on direct evidence rather than presumptive exposure.
- Claimed conditions
- Acquired psychiatric disability, Cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 15, 2013
- Citation
- 1301609
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. Read the original VA decision (opens in a new tab) using citation 1301609.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeal regarding attorney fees for past-due benefits awarded in a June 2021 rating decision is dismissed as moot due to the waiver of rights by R.V.C.
- Whole decision: Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Whole decision: Remanded (sent back)
The Veteran's request to readjudicate the claim for service connection for an acquired psychiatric disability with alcohol and drug abuse is granted. The Board has determined that new and relevant evidence sufficient to readjudicate the claim has been received, but further development is needed due to a pre-decisional duty to assist error regarding verification of reported deaths in service.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
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