The Board denied service connection for a low back disorder and right knee disorder as there was no evidence of chronic disability in-service or within the applicable presumptive period, and no competent evidence linking the current conditions to active service.
The deciding factor: The absence of documented complaints or treatment for several years following military discharge is more probative than his current recollection as to symptoms experienced in the distant past. Therefore, continuity has not here been established, either through the competent evidence or through his statements.
- Claimed conditions
- Low back disorder (lumbar strain), Right knee disorder (right knee osteoarthritis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2008
- Citation
- 0816818
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
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