The Veteran's cervical spine disability was not shown in service and did not manifest to a compensable degree within the applicable presumptive period. The Board found that his current condition is not related to an injury or disease incurred during service.
The deciding factor: The preponderance of evidence shows that the Veteran's cervical spine disability developed from an intervening cause, a waterskiing accident, which occurred many years after service.
- Claimed conditions
- cervical degenerative disc disease, cervical degenerative joint disease status-post fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2019
- Citation
- 19132162
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.
- 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.
- Denied
The Board denied increased ratings for the neck, left wrist ganglion cyst, and left wrist scar; granted increased ratings for the bilateral CTS and hypertension for part of the periods of appeal; and remanded the issues of increased ratings for bilateral CTS with radiculopathy from June 20, 2022, and entitlement to a TDIU prior to June 20, 2022.
- Granted
The Board granted an initial rating of 30 percent for cervical degenerative disc disease, resolving all doubt in favor of the Veteran.
- Denied
The Board denied service connection for cervical degenerative disc disease, cervical degenerative joint disease, and bilateral upper and lower extremity radiculopathy as the probative evidence did not support a finding that these conditions were related to the Veteran's active military service.
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