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
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 remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Dismissed
The appeal concerning the service connection for various conditions and the propriety of a rating reduction has been withdrawn by the Appellant.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Denied
The Board denied service connection for hearing loss disability, neck strain, and tinea pedis. The Veteran's claim for an increased initial disability rating in excess of 10 percent for tinnitus was also denied. The claims for service connection for right and left knee patellofemoral pain syndrome were remanded.
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