The Board denied service connection for the Veteran's cervical spine disability, finding that there was no evidence of a neck injury or symptoms during service and insufficient continuity of symptomatology to establish service connection. The Board also found that the cervical spine disability is less likely than not caused by his service-connected lumbar spine disability.
The deciding factor: The VA medical opinions did not address whether the Veteran's cervical spine disability was aggravated by his service-connected lumbar spine disability, as required by 38 C.F.R. § 3.310(b).
- Claimed conditions
- Osteoarthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2020
- Citation
- 20075076
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.
- Granted
The Veteran's osteoarthritis of the cervical spine and lumbar spine were granted separate disability ratings, while his generalized osteoarthritis of the hands and elbow did not meet criteria for a higher rating.
- Denied
The Veteran's current osteoarthritis of the cervical spine, osteoarthritis of the lumbar spine, a seizure disorder, chronic obstructive pulmonary disease, and sinus problems were not incurred in or aggravated by his active duty military service.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- 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.
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