The Board found that new and material evidence had been received to reopen the claim for service connection for disc disease of the lumbar spine, but ultimately denied service connection on the merits.
The deciding factor: The decision was based on a lack of medical evidence linking the veteran's current back condition to his active service or any service-connected disabilities.
- Claimed conditions
- disc disease of the lumbar spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2008
- Citation
- 0813227
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's disability has not resulted in forward flexion of the thoracolumbar spine less than 85 degrees; or, combined range of motion of the thoracolumbar spine less than 235 degrees; or, muscle spasm, guarding, or localized tenderness resulting in abnormal gait or abnormal spinal contour or, vertebral body fracture with loss of 50 percent or more of the height, incapacitating episodes of intervertebral disc syndrome having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months, or significant neurological impairment.
- Denied
The Board denied the veteran's claim for service connection for a lumbar spine disorder as there was no evidence of a chronic condition during service, and no competent medical evidence linking the current disability to active service.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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