The Board has determined that the veteran's residuals of a herniated nucleus pulposus began during service and is related to his service-connected lumbar myositis. Service connection for this condition is granted.
The deciding factor: The examiner at the August 2002 VA spine examination report indicated that the findings on the MRI were etiologically related to the veteran's muscle strain in March 1985 and lumbar strain in 1985, which did not appear to be related to a motorcycle accident in August 1985. Additionally, Dr. Marti Nunez testified that the veteran's herniated discs produced his myositis.
- Claimed conditions
- residuals of a herniated nucleus pulposus, asthma
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2006
- Citation
- 0606600
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Denied
The Board denied the Veteran's request for an earlier effective date for service connection for asthma, as he did not file a claim or intent to file a claim within one year of his separation from service.
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