The Board has determined that the Veteran's neck disorder, diagnosed as degenerative arthritis of the cervical spine, pre-existed service and was not aggravated by service. Therefore, the presumption of soundness has been rebutted, and the Veteran's claim for service connection is denied.
The deciding factor: Clear and unmistakable evidence shows that the Veteran’s neck disorder existed prior to his entrance into service and did not increase in severity during service.
- Claimed conditions
- Degenerative arthritis of the cervical spine
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 10, 2020
- Citation
- 20072417
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.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claim for a new VA examination to address whether the Veteran's degenerative arthritis of the cervical spine is secondary to his service-connected right shoulder disability.
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