The evidence does not support a finding that the veteran's low back disorder either had its onset in service or preexisted service and was permanently worsened therein, or that DDD of the lumbar spine manifested to 10 percent within one year after separation from service.
The deciding factor: The evidence preponderates against a finding that the veteran's low back disorder either had its onset in service or preexisted service and was permanently worsened therein, or that DDD of the lumbar spine manifested to 10 percent within one year after separation from service.
- Claimed conditions
- degenerative disc disease (DDD) of the lumbar spine, chronic lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2008
- Citation
- 0813986
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.
- Granted
The Board granted earlier effective dates for the assignment of ratings and service connection based on an intent to file a claim submitted by the Veteran prior to his formal claim.
- Partly granted
The Board granted a 40 percent rating for chronic lumbar strain, restored the 10 percent rating for right knee patellofemoral syndrome effective February 11, 2023, and granted separate 10 percent ratings for instability of the right knee. The decision also granted a 70 percent rating for PTSD from June 8, 2021, and TDIU based on PTSD alone from August 21, 2021, along with SMC under 38 U.S.C. § 1114(s) based on housebound status from the same date.
- Partly granted
The Board granted service connection for several conditions, including diabetes mellitus and peripheral neuropathy, but denied increased ratings for intervertebral disc syndrome and other conditions.
- Denied
The Board denied the veteran's claims for increased ratings and remanded a claim for service connection for sleep apnea.
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