The Board has determined that the grant of service connection for various conditions was clearly and unmistakably erroneous due to a lack of qualifying active duty, resulting in denial of the appeal.
The deciding factor: The appellant did not have the requisite Federalized National Guard service or any other qualifying active service at the time of the September 24, 2016, motor vehicle accident (MVA).
- Claimed conditions
- cervical spine disability, IVDS of the thoracic spine, urinary incontinence, right lower extremity peripheral neuropathy and radiculopathy to include foot drop, right upper extremity radiculopathy, left lower extremity radiculopathy, anterior neck scar, mid thoracic spine scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 17, 2024
- Citation
- A24038889
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. Read the original VA decision (opens in a new tab) using citation A24038889.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Whole decision: Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Whole decision: Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
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