The Board finds that the Veteran's current cervical spine disability, including status post C6-C7 fusion with residual altered sensation of the skin of the right lateral neck, did not have its onset in service and has not been etiologically linked to his first period of service. The preexisting cervical spine fusion was clearly and unmistakably existed prior to his second and third periods of active duty service (October 2002 to August 2003 and August 2006 to January 2008) and was not aggravated by these periods.
The deciding factor: The preexisting cervical spine fusion clearly and unmistakably existed prior to the Veteran's second and third periods of active duty service, and it is clear that this condition was not aggravated during his service.
- Claimed conditions
- Cervical spine (neck) disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2017
- Citation
- 1730115
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 1730115.
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 for a cervical spine disability with left upper extremity radiculopathy, finding that there was no evidence of an in-service injury or chronic condition. The Board concluded that the Veteran did not meet the criteria for direct service connection.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine (neck) disability due to insufficient evidence showing a current disability related to service.
- Partly granted
The Board denied service connection for GERD, sleep apnea, and a cervical spine disability. The claim for a migraine headache disability was remanded for further development.
- Remanded (sent back)
The Board remands the claims for service connection and initial rating due to the need for additional VA examinations.
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