The Board denied the Veteran's claim to reverse or revise the March 2012 rating decision as it pertained to service connection for a neck disability due to clear and unmistakable error (CUE). The March 2012 rating decision granted service connection for a thoracic and lumbar strain, which was claimed as an upper back condition. The Veteran's claim for a cervical spine disability was not addressed in the March 2012 decision.
The deciding factor: The evidence at the time of the March 2012 rating decision did not clearly establish service connection for a cervical spine disability, and the RO correctly applied the law and regulations to the facts as they were known at that time.
- Claimed conditions
- neck strain, upper back condition
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- A20015828
Veterans Law Judge
Decisions by this judge: 1,030 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A20015828.
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 has decided to remand the case due to inadequate VA medical nexus opinion and failure to obtain relevant non-VA medical records.
- Denied
The Board has denied service connection for hypertension, neck strain, and pseudofolliculitis barbae (razor bumps, shave bumps, or ingrown hairs) as there is no current diagnosis of these conditions. The Veteran's tinnitus was assigned the maximum schedular rating.
- Remanded (sent back)
The Board has remanded the cases for further development and examination, as well as to obtain additional medical records. The Veteran's neck strain and PTSD issues are being reviewed due to the lack of relevant treatment records from certain VA facilities.
- Remanded (sent back)
The Veteran's claims for service connection have been remanded due to errors in notification letters.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.