The Board denied service connection for a cervical spine disability and denied an effective date earlier than September 17, 2005 for the award of a 40 percent rating for osteoarthritis of the lumbar spine. The claim for increased rating was also denied.
The deciding factor: There is no evidence to support service connection for the cervical spine disability and the earliest relevant medical evidence indicating the presence of a cervical spine disability is more than a decade after separation from active service. There is also no competent evidence linking the lumbar spine disability to active service or to his service-connected osteoarthritis.
- Claimed conditions
- Cervical Spine Disability, Osteoarthritis of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 31, 2019
- Citation
- 19107393
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for GERD, OSA, a cervical spine disability, and a thyroid disability to obtain an adequate medical opinion.
- Denied
The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance due to his service-connected disabilities, including bipolar disorder.
- Dismissed
The appeal for several conditions, including insomnia, hypertension, and various disabilities, was dismissed due to procedural issues.
- Partly granted
The Board denied a rating in excess of 70 percent for PTSD and remanded claims for service connection for left shoulder, right shoulder, bilateral foot, left ankle, right ankle, and cervical spine disabilities.
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