The Board has denied the Veteran's claims of service connection for cervical spine and back disabilities, finding that new and material evidence was not received to reopen the claims. The appeal is remanded due to the filing of a NOD regarding these claims.
The deciding factor: A timely Notice of Disagreement (NOD) has been filed by the Veteran's attorney on behalf of the Veteran, signaling the initiation of an appeal in his previously denied claims of service connection for cervical spine and back disabilities. The RO's determination that new and material evidence was not received to reopen these claims is now subject to review.
- Claimed conditions
- Tympanic membrane perforation of the right ear, Cervical spine disability, Back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2015
- Citation
- 1544844
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 1544844.
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 Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- 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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- 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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