The Board has reopened the claim of service connection for an injury to the neck and back due to new evidence. The lung cancer rating is reduced from 100% to 30%. Service connection for the neck and back condition remains in remand status as further evaluation is needed.
The deciding factor: New evidence was submitted that supports a finding of service connection for an injury to the neck and back, but the VA examiner did not provide sufficient opinion regarding the cause of the Veteran's current neck and back pain.
- Claimed conditions
- neck and back injury, cervical spondylosis, osteoarthritis of the cervical spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 16, 2019
- Citation
- 19103850
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.
- Granted
The Board granted service connection for multiple conditions, including bilateral foot disability, knee disability, ankle disability, cervical degenerative disc disease, spondylosis, and cervicalgia, secondary to a service-connected lumbar strain, as well as GERD. The claims of readjudication were also granted.
- Dismissed
The Board dismissed the claims for increased ratings and denied a compensable rating for right shoulder scars, while remanding several other issues including service connection for a right hand disorder.
- Remanded (sent back)
The Board remands the claims for service connection for cervical spondylosis, left knee degenerative arthritis, and migraines to VA for an adequate examination and medical opinion.
- Denied
The appeal to reopen a claim of service connection for cervical spondylosis was denied because the additional evidence submitted is not relevant to proving a nexus between the disability and military service.
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