The veteran's claims for service connection for low back, cervical spine and right hip disorders were denied as the evidence did not show that any of these conditions were incurred in or aggravated by active service; nor was it shown that any arthritis was presumed to have been incurred therein; nor was it shown that any disability was proximately due to or the result of a service-connected disability.
The deciding factor: The April 2005 VA medical opinion concluded that, because there were no relevant complaints in service or until after the veteran was hit by a car in 2002, any current disability of the low back, cervical spine or right hip is more likely due to the automobile accident and not to service or to the service-connected right ankle disability.
- Claimed conditions
- degenerative joint disease of L2-L3 with scoliosis (low back disorder), cervical spine strain (cervical spine disorder), right hip disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2008
- Citation
- 0810029
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.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Partly granted
The Board dismissed the claims for service connection for right and left lower extremity, lumbar radiculopathy as they were already granted. The claims for service connection for a right hip disorder, left hip disorder, right elbow disorder, left elbow disorder, and cervical spine disorder are remanded for further development.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a right hip disorder for further development, specifically requiring an addendum medical opinion from a VA doctor.
- Remanded (sent back)
The Board remands the service connection claims for various conditions due to a lack of compliance with previous remand directives and inadequate medical opinions.
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