The Board denied the Veteran's claims for service connection for back and neck disabilities after finding new and relevant evidence sufficient to readjudicate the previously denied claims. The Board found that the preponderance of medical evidence does not support that the Veteran's current back and neck conditions were incurred in and due to military service.
The deciding factor: Medical examiners opined it was less likely than not that the Veteran's conditions were caused by or related to service, supported by service treatment records showing no progressive back or neck complaint during service and inconsistent post-service medical documentation, which the Board found more probative than lay statements from the Veteran and servicemembers regarding symptom history.
- Claimed conditions
- back disability, neck disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- A20016184
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
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