The Board denied the veteran's claim for service connection for a low back disability, including chronic low back pain and degenerative arthritis in the lumbar spine. The Board found that spina bifida occulta was not incurred or aggravated by service, and there is no evidence of aggravation of this congenital condition during active duty. Service connection for degenerative arthritis in the lumbar spine could not be granted as it did not become manifest to a compensable degree within one year after separation from service.
The deciding factor: The Board determined that spina bifida occulta, being a congenital defect, is not considered a disease or injury for which service connection can be granted. The veteran's reported low back pain was attributed to this condition during active duty. There was no evidence of aggravation of the pre-existing spina bifida occulta due to service. Service connection for degenerative arthritis in the lumbar spine could not be established as it did not manifest within one year after separation from service.
- Claimed conditions
- spina bifida occulta, degenerative arthritis in the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2003
- Citation
- 0332832
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 0332832.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for service connection for spina bifida occulta (claimed as low back condition or back) was denied because he failed to report for a required VA examination without good cause, and the criteria for direct service connection were not met.
- Denied
The Veteran's child is denied benefits under 38 U.S.C. § 1805 for spina bifida because the diagnosis of spina bifida occulta does not meet the criteria.
- Remanded (sent back)
The Board has found that the Veteran's service connection claim for spina bifida occulta with degenerative arthritis and osteopenia is remanded due to insufficient medical opinions regarding the nature of his pre-existing condition.
- Denied
The Board denied the appellant's claims for benefits under 38 U.S.C. § 1805 and § 1815, finding that she does not have a form or manifestation of spina bifida other than spina bifida occulta, and her mother is not a Vietnam Veteran.
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