The Board denied the veteran's claim for service connection for a low back disability, including spina bifida, spondylosis, and mild disc bulge. The Board found that the pre-existing spina bifida did not worsen during service and was not aggravated by service. Additionally, the current spondylosis and disc bulge were not shown to be related to service.
The deciding factor: The Board determined that the veteran's pre-existing spina bifida did not worsen during service and was not aggravated by service. The current low back disability (spondylosis and mild disc bulge) was found to be unrelated to service.
- Claimed conditions
- spina bifida, spondylosis, mild disc bulge
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2006
- Citation
- 0606284
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.
- Denied
The Board denied an effective date prior to January 1, 2020 for the grant of benefits under 38 U.S.C. § 1822 for a child born with spina bifida due to the specific statutory effective date set by The Blue Water Navy Vietnam Veterans Act of 2019.
- Partly granted
The Board granted a 40 percent evaluation for sciatic nerve radiculopathy of the right and left lower extremities, a 30 percent evaluation for femoral nerve radiculopathy of the right and left lower extremities, and a total disability rating based on individual unemployability (TDIU), but denied an increased evaluation in excess of 40 percent for spinal stenosis and lumbar intervertebral disc syndrome.
- Partly granted
The Board denied benefits under 38 U.S.C. § 1815 for a child born with birth defects and remanded the claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from March 1, 2021, and an effective date of March 1, 2021, for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
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