The Board has determined that the veteran's preexisting back disability, including multiple compression fractures of the thoracic spine, was aggravated during service and is currently manifested by arthritis of the thoracic spine. Therefore, service connection for a back disability, to include degenerative joint disease of the thoracolumbar spine, is granted.
The deciding factor: The medical evidence shows that the veteran sustained multiple compression fractures in his thoracic spine prior to service, which raises a presumption of aggravation during service. Post-service medical and X-ray evidence confirms current arthritis of the thoracic spine, with no clear and unmistakable evidence showing the pre-existing condition was not aggravated.
- Claimed conditions
- degenerative joint disease, multiple compression fractures of the thoracic spine
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2006
- Citation
- 0638308
Veterans Law Judge
Decisions by this judge: 1,419 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0638308.
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.
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The Board denied an increased rating for the Veteran's lumbar spine disability, finding that there was no evidence of unfavorable ankylosis and thus not warranting a higher rating.
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- Remanded (sent back)
The Board has remanded the case due to an error in providing notice of a pre-decisional hearing, and the Veteran is entitled to such a hearing before the AOJ.
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