The Board found that the Veteran's cervical spine arthritis did not begin during service and was not compensably disabling within a year of separation from his first two periods of service. The claim is denied as new and material evidence has not been received.
The deciding factor: No new and material evidence has been submitted to relate the current cervical spine disability to service or any other unestablished fact necessary for service connection.
- Claimed conditions
- cervical arthritis, lumbar degenerative disc disease and degenerative joint disease with associated neural foraminal narrowing, left knee degenerative joint disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2019
- Citation
- 19184323
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, back disability, bilateral achilles tendonitis, gout, diabetes mellitus, type 2 (DMII), obstructive sleep apnea, and an acquired psychiatric disorder, to include anxiety and depression. The Board denied increased ratings for right and left knee degenerative joint disease, separate ratings for instability of the knees, a separate rating for residuals of a right knee meniscectomy, and service connection for bilateral leg pain, posttraumatic stress disorder (PTSD), chronic sinus disability, respiratory disability due to exposure to asbestos, heart murmur, irregular heartbeat, and seizures.
- Denied
The Board denied the veteran's claims for higher initial ratings for his service-connected bilateral knee disabilities and SMC based on loss of use of the bilateral lower extremities.
- Partly granted
The Board denied service connection for right ear hearing disorder, dry eye disorder, and urinary disorder. Tinnitus was granted, but the Veteran's left knee degenerative joint disease, right knee patellofemoral pain syndrome, left knee degenerative joint disease with instability, right shoulder bicipital tendonitis, and left shoulder bicipital tendonitis do not warrant increased ratings.
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