The Board finds that the preponderance of evidence is against finding that the veteran sustained lumbosacral fractures while in military service, and lumbar arthritis was not compensably disabling within one year of his separation from active duty. Therefore, residuals of lumbosacral fractures were not incurred in or aggravated by military service.
The deciding factor: The preponderance of evidence is against finding that the veteran sustained lumbosacral fractures while in military service and lumbar arthritis was not compensably disabling within one year of his separation from active duty.
- Claimed conditions
- lumbosacral fractures, lumbar arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2006
- Citation
- 0626307
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.
- Partly granted
The veteran is granted TDIU from January 11, 2019, to January 10, 2021, but the appeal for TDIU from January 11, 2021, is dismissed as moot.
- Denied
The Board denied the claim for service connection for a lumbar spine disability, diagnosed as lumbar strain, lumbar arthritis, and lumbar degenerative disc disease (DDD), based on the lack of evidence showing chronic in-service symptoms or continuous post-service symptoms.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings due to new evidence of worsening symptoms since his last VA examinations.
- Granted
The Veteran's lumbar arthritis is rated at 10 percent, but the Board has granted a rating of 20 percent effective from the date of the decision.
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