The Board denied reopening of the claims for service connection for degenerative disc/bone disease, spinal stenosis, cervical spine disability, and COPD/emphysema due to lack of new and material evidence. The Veteran's claim for an increased rating for residuals of bladder cancer was also denied.
The deciding factor: The Board found that the submitted evidence did not relate to an unestablished fact necessary to substantiate the claims for service connection, as it did not show a nexus between the disabilities and active duty service.
- Claimed conditions
- Degenerative disc/bone disease, Spinal stenosis, Cervical spine disability, Chronic obstructive pulmonary disease (COPD) and emphysema
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2018
- Citation
- 18127097
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 18127097.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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 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.
- Granted
The Veteran's cervical spine condition had its onset in service and has continued since then, meeting the criteria for service connection.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his cervical spine, thoracolumbar spine, left shoulder, right shoulder, upper extremity neurological, and lower extremity neurological disabilities due to inadequate VA medical examinations in March 2019 and January-May 2016. The new examinations must consider the Veteran's reported onset dates for his symptoms.
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