Cervical Spine Condition VA Claim Grants

Findings of Fact (verbatim from decision)

1. The Veteran's neurological disorder of the right hand is caused by his service-connected cervical spine disorder. 2. The Veteran's neurological disorder of the left hand is caused by his service-connected cervical spine disorder.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from November 19, 1968 to November 17, 1972; May 10, 1976 to July 5, 1976; November 20, 1976 to April 30, 1977; June 6, 1977 to July 15, 1977; June 5, 1978 to July 14, 1978; November 19, 1968 to November 17, 1972; August 4, 1979 to November 8, 1979; and from November 9, 1979 to January 30, 1991, with additional periods of reserve service. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). In January 2020, the Veteran testified at a video-conference hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that hearing has been associated with the claims file. In June 2020, October 2021, March 2022, July 2022, and May 2023 the Board remanded this matter for further development. That development having been completed, this matter has returned to the Board for further appellate review. Service Connection 1. Entitlement to service connection for a right-hand disorder 2. Entitlement to service connection for a left-hand disorder Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a).…

Findings of Fact (verbatim from decision)

1. The Veteran was denied service connection for a low back disability in an October 1994 rating decision (coincident with a determination for vocational rehabilitation) and an October 1995 rating decision. He was notified of these decisions on October 31, 1995. The Veteran did not appeal these decisions, and new and material evidence was not actually or constructively received within one year of October 31, 1995. 2. Evidence added to the record more than one year after October 31, 1995 has not been previously considered and relates to an unestablished fact necessary to substantiate the claim of entitlement to service connection for a low back disability. 3.…

Reasons & Bases (verbatim from decision)

The Veteran served on active duty in the United States Army from December 1983 to April 1995 and from February 2004 to July 2004, including service in Iraq, with additional Reserve service. This matter comes before the Board of Veterans' Appeals (Board) on appeal from April 2018 and June 2018 rating decisions by an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA). In this regard, new and material evidence was received within one year of the June 2018 rating decision, see July 2018 Statement in Support of Claim, and after the August 2018 rating decision that confirmed and continued the prior denial of service connection for sleep apnea the Veteran filed a timely appeal. Thus, the June 2018 rating decision never became final. See 38 C.F.R. § 3.156(b). In July 2022, the Veteran testified at a virtual hearing before the undersigned. The Veteran's attorney included boilerplate language in the April 2020 and May 2020 substantive appeals that is not in any way specific to this appeal, including a general assertion that the Veteran preserves for appeal "all errors the VA Regional Office may have made or the Board may hereafter make in deciding this appeal. This includes in failing to adjudicate issues or claims reasonably raised by the record even though not specifically mentioned by the appellant.…

Findings of Fact (verbatim from decision)

1. The October 2004 rating decision granting service connection for cervical and lumbar spine disabilities contained CUE which compels the conclusion, with which reasonable minds cannot differ, that the effective dates assigned would have been manifestly different but for the errors.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from April 1987 to June 1991. This case has been before the Board on several occasions. It was denied in March 2020, the Veteran appealing the denial to the Court of Appeals for Veterans Claims, which issued a memorandum decision vacating the Board's decision in April 2022. The Board denied the claims again in November 2022. Following a second appeal, and pursuant to an August 2023 Joint Motion for Remand, the Court again vacated the Board's decision and returned the matter to the Board. CUE 1. Revision of the October 2004 rating decision that granted service connection for a cervical disability effective July 22, 2004 on the grounds of CUE 2. Revision of the October 2004 rating decision that granted service connection for a lumbar disability effective August 12, 2004 on the grounds of CUE Under 38 C.F.R. § 3.105 (a), previous VA determinations that are final and binding will be accepted as correct in the absence of clear and unmistakable error. Clear and unmistakable error (CUE) is an administrative failure to apply the correct statutory and regulatory provisions to the correct and relevant facts. Oppenheimer v. Derwinski, 1 Vet. App. 370, 372 (1991).…

Findings of Fact (verbatim from decision)

Symptoms of the Veteran's cervical spine degenerative arthritis were noted in service with continuity of symptomatology since service.

Findings of Fact (verbatim from decision)

Competent (medical) evidence reasonably supports that the Veteran's major depressive disorder is, at least in part, related to her service-connected cervical spine disability.