200821-105114, 200821-105114

Veteran served on active duty from November 1970 to August 1973 and seeks service connection for thoracolumbar and cervical spine disorders (multiple degenerative diagnoses, IVDS, spinal stenosis, etc.).
Earlier claims for cervical, thoracic, and lumbar conditions were denied in July 2003 (final); Veteran filed supplemental claims in December 2019 and the AOJ denied in July 2020; Veteran appealed and had a Board hearing in April 2021.
VA examinations in June and July 2020 diagnosed current thoracolumbar and cervical spine disabilities but provided negative nexus opinions (less likely than not related to service).
Post‑service records show normal neck/spine and denial of unconsciousness on a July 1975 Report of Medical Examination/History (two years after discharge); contemporaneous treatment records first document back/leg symptoms around 1984 and surgical treatment in December 1998; neck complaints appear in medical records only in 2000–2001.
Veteran alleges injuries from multiple ejection‑seat simulator demonstrations in service and submitted a buddy statement corroborating the training; several private physicians provided favorable opinions but those were either speculative or lacked rationale.
The Board found VA examiners’ negative nexus opinions highly probative, the Veteran’s lay assertions and some private opinions not probative, and denied service connection for both thoracolumbar and cervical spine conditions (direct and presumptive bases).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Service connection — thoracolumbar spine disability	Veteran: multiple ejection‑seat demonstrations caused injury; blacked out; chronic back pain since service	VA: service and 1975 NG exam show normal spine and no unconsciousness; symptoms first documented decades later; VA nexus exams negative; private opinions speculative/unerationalized	Denied — preponderance of evidence against in‑service event, nexus, and presumptive manifestation within one year
Service connection — cervical spine disability	Veteran: same ejection‑seat events caused neck injury and chronic cervical symptoms since service	VA: same evidentiary points — normal post‑service exam, late onset of documented neck issues, negative VA nexus opinions; private opinions lack probative rationale	Denied — preponderance of evidence against in‑service event, nexus, and presumptive manifestation within one year

Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (elements and proof requirements for service connection claims)
Odiorne v. Principi, 3 Vet. App. 456 (1992) (discussion of PULHES physical profile and fitness ratings)