The veteran's claim for service connection for residuals of a back injury, including degenerative joint disease and degenerative disc disease, was granted based on new and material evidence.
The deciding factor: The veteran's current diagnosis of degenerative joint disease and degenerative disc disease were incurred in or caused by active service, as evidenced by the continuity of symptomatology since service and the presumption of in-service incurrence where arthritis manifests to a compensable degree within one year of service.
- Claimed conditions
- residuals of a back injury, degenerative joint disease of the spine, degenerative disc disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2008
- Citation
- 0815347
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.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.