The Veteran's cervical spine disability is granted service connection.,An effective date of October 31, 1981 for the grant of service connection for gastric polyp, distal esophagitis, and peptic duodenitis is dismissed as moot due to the earlier effective date already in effect.,The Veteran's gastrointestinal disability warrants a rating of 10 percent prior to August 28, 2009, but not higher. From August 28, 2009 onwards, it does not warrant any increase beyond 30 percent.
The deciding factor: The cervical spine disability is found to be etiologically related to service.,An effective date of October 31, 1981 was already awarded for the Veteran's gastrointestinal disabilities in a prior decision. The appeal regarding this issue is therefore moot.,For the period prior to August 28, 2009, the Veteran's gastrointestinal disability does not meet the criteria for an increased rating beyond 10 percent under Diagnostic Codes 7319 and 7346. From August 28, 2009 onwards, it does not warrant any increase beyond 30 percent.
- Claimed conditions
- Cervical spine disability, Gastric polyp, distal esophagitis, and peptic duodenitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 16, 2018
- Citation
- 1816473
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 1816473.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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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