The Veteran's claim for service connection for a cervical spine disorder, to include as secondary to service-connected degenerative disc disease (DDD) of the lumbar spine, was denied in September 2011. The claim has been reopened due to new and material evidence.,Service connection for pancreatic cancer, to include as due to exposure to contaminated water at Camp Lejeune, is granted. The Veteran's condition had its onset during active service.,The Veteran's claims for chronic headaches, residuals of a stroke, and obstructive sleep apnea are denied. Service connection for these conditions was not established.,Service connection for mood disorder, lumbar spine DDD, LLE radiculitis/peripheral myositis, bilateral hearing loss disability, and tinnitus is granted with specific rating determinations.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded.
The deciding factor: New evidence was submitted that supports the Veteran’s claim of service connection for a cervical spine disorder, which had not been established at the time of the previous denial.,The new evidence provided by a VA physician concluded that the Veteran's pancreatic cancer was caused by water exposure at Camp Lejeune and is therefore service-related.,There is no credible evidence to support the Veteran’s claims for chronic headaches, residuals of a stroke, or obstructive sleep apnea. The weight of competent evidence does not indicate these conditions were incurred during active service.,The Veteran's mood disorder has been found to be related to his acquired psychiatric disability and thus secondary to it. Service connection is granted based on this relationship.,The Veteran’s lumbar spine DDD, LLE radiculitis/peripheral myositis, bilateral hearing loss disability, and tinnitus have all been rated according to their respective criteria.
- Claimed conditions
- cervical spine disorder, pancreatic cancer
- How they argued it
- Not specified
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- January 15, 2020
- Citation
- 20003681
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.
- Denied
The Board denied service connection for pancreatic cancer as there was no evidence of a nexus between the in-service toxic exposure and the current condition.
- Dismissed
The Veteran withdrew the appeal for service connection for a cervical spine disorder and bilateral cataracts of the eyes.
- Denied
The Board denied the claims for an increased rating for the left shoulder disorder, service connection for a cervical spine disorder, service connection for a right arm disorder, and service connection for a left arm disorder.
- Granted
The Board granted service connection for pancreatic cancer, finding that the evidence is in equipoise regarding whether the Veteran's condition was due to his in-service exposure to toxic and environmental hazards.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.