The Veteran's cervical spine disability is denied as it was not incurred during active duty, did not manifest to a compensable degree within one year of separation, and is not otherwise related to military service.
The deciding factor: There is no evidence that the Veteran’s degenerative disc disease manifested to a compensable degree within a year of service or that his current cervical spine disorders are due to his prior military service or an injury therein.
- Claimed conditions
- Cervical disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186234
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.
- Denied
The Board denied the Veteran's appeals for an earlier effective date and a higher rating for his psychiatric and cervical disabilities, as the evidence did not support an earlier effective date or a higher disability rating.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for cervical disability and for lumbar spine disability due to a duty-to-assist error regarding SSA records.
- Granted
The Veteran's claim for PTSD was reopened and granted, with a grant of service connection.,Service connection for cervical and lumbar disabilities is remanded due to the need for additional records from SSA.
- Granted
The Board has restored the 20 percent rating previously assigned for the Veteran's service-connected cervical disability, effective May 25, 2018, due to inadequate VA examinations used in reducing the rating.
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