The Board denied the Veteran's claim for service connection of a cervical spine disability, finding that it was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The disability is also not otherwise etiologically related to an in-service injury or disease.
The deciding factor: The Veteran's current diagnosed cervical spine disability was not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and was not noted in service with attributable continuity of symptomatology. The Board found that the Veteran's current neck condition is not related to his service-connected bilateral shoulder disabilities.
- Claimed conditions
- Cervical spine disability, Mild degenerative changes of the cervical spine, Cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- 23062651
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 23062651.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- 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.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's cervical spine condition had its onset in service and has continued since then, meeting the criteria for service connection.
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