The Veteran's legacy appeal is dismissed as he opted into the new modernized appeals review system for his cervical strain claim within 60 days of receiving a Supplemental Statement of the Case.
The deciding factor: The Veteran submitted a VA Form 10182, Notice of Disagreement after the AOJ issued a SSOC which was received by VA within 60 days. This form allowed him to opt into the modernized appeals review system for his cervical strain claim and all related claims.
- Claimed conditions
- Cervical strain, Right arm pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2021
- Citation
- 21004875
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21004875.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
- Granted
Service connection for PTSD, to include depression is granted.,Service connection for blisters of bilateral feet is denied.,Service connection for cervical strain is denied.,Service connection for headaches is denied.,Service connection for right shoulder rotator cuff injury is denied.,Service connection for chest injury and lumbar strain are remanded.
- Granted
The Veteran's cervical strain and vitreous floaters have been granted service connection as they are directly related to his military service.
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