The Veteran's current neck and back disabilities are granted as service-connected. The Board found that the Veteran's neck disability was caused by an in-service injury, while the back disability is considered direct service connection due to no preexisting conditions noted at entry.
The deciding factor: The Board resolved the benefit of reasonable doubt in favor of the Veteran for his neck disability and found it was caused by a compression neck injury during service. For the back disability, the Board determined that the presumption of soundness has attached as no preexisting back conditions were noted on entrance into service, thus any evidence suggesting pre-existing conditions must be disregarded.
- Claimed conditions
- neck disability, arthritis, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2020
- Citation
- 20080098
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 appeal to obtain a VA medical opinion that considers the Veteran's contentions of in-service training with heavy gear and equipment.
- 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.
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