The Board found that the Veteran's upper back and neck disabilities did not have onset during his active service, arthritis of these areas did not manifest within one year of separation from active service, and his current conditions were not caused by his active service. The Board concluded that there was insufficient evidence to rebut the presumption of soundness in this case.
The deciding factor: The VA medical opinion provided an explanation for why the preexisting injuries were not aggravated during service, but the most probative evidence against the Veteran's claims is the 2007 VA medical opinion and the November 1992 Mayo Clinic records which document that the Veteran's whiplash injury had resolved.
- Claimed conditions
- upper back disability, neck disability
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 26, 2014
- Citation
- 1438124
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 1438124.
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: Remanded (sent back)
The Board has decided to remand the claim for service connection of a neck disability due to pre-decisional error in not obtaining a VA examination and medical opinion.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for neck and back disabilities due to a lack of medical evidence supporting the Veteran's assertions. The VA will obtain an examination and provide an opinion on whether these disabilities are related to service.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for left leg shin splints, right leg shin splints, back disability, and neck disability due to insufficient evidence in the record regarding these conditions.
- Whole decision: Granted
The Board has granted service connection for neck and back disabilities, finding that the Veteran's current conditions are related to his military service.
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