The Board denied an increased evaluation for lumbosacral spine strain with mild scoliosis, finding that the veteran's symptoms were attributable to a congenital defect and obesity, not service.
The deciding factor: The examiner opined that the veteran's current low back symptoms were due to his pre-existing condition (spondylosis and spondylolisthesis) and obesity, rather than a complication of a single low back strain during service.
- Claimed conditions
- lumbosacral spine strain with mild scoliosis, spondylosis and spondylolisthesis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- March 21, 2006
- Citation
- 0608149
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.
- Remanded (sent back)
The Board remands the claim for a medical opinion addressing whether the Veteran's left eye condition is related to service, as it found that the condition did not preexist service.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Granted
The Veteran is granted an effective date of August 10, 2022, for the grant of service connection for sinusitis based on the PACT Act.
- Granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, finding that the conditions are related to in-service herbicide agent exposure.
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.