The Board denied the veteran's claim for service connection for arthritis of the spine as there is no evidence that he currently has this disability.
The deciding factor: There was no medical evidence showing the veteran had arthritis of the spine, and Brammer v. Derwinski established that a 'disability' must be present to have a valid claim for service connection.
- Claimed conditions
- arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2006
- Citation
- 0600044
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 arthritis of the spine, resolving all doubt in favor of the Veteran.
- Remanded (sent back)
The Board remands the claims for service connection and special monthly compensation to obtain additional evidence, including private treatment records and SSA records.
- Granted
The Board has granted service connection for arthritis of the spine and clinically, lumbar radiculitis (lower back disorder) as incurred in service.
- Granted
The Board granted service connection for arthritis of the spine, finding that new and material evidence was submitted to reopen the previously denied claim.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.