The Board denied the appellant's eligibility for direct payment of fees from past due benefits awarded in a June 2022 rating decision granting service connection for a neck disorder.
The deciding factor: The claimant did not file a prior claim for a neck condition, and the December 2021 supplemental claim was for a low back disorder, not a same or similar benefit on a same or similar basis as the June 2022 rating decision's award of past due benefits.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Bilateral upper extremity radiculopathy (neck disorder)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067647
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 Board granted service connection for degenerative disc disease of the cervical spine, left and right upper extremity radiculopathy, as secondary to a service-connected lower back disability.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease of the cervical spine and entitlement to TDIU due to the need for a medical opinion on whether the Veteran's symptoms amount to functional ankylosis.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine and cervical spine, finding that these conditions are related to the Veteran's combat service in the Persian Gulf.
- Remanded (sent back)
The Board remands the claim for service connection for a neck condition, to include degenerative disc disease of the cervical spine, cervical lordosis, and bone atrophy, as secondary to degenerative disc disease of the thoracolumbar spine, due to duty to assist errors.
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