The veteran's low back disorder is found to have existed prior to service, and the Board finds that it did not clearly and unmistakably exist prior to service. The examiner must state whether or not it is at least as likely as not (i.e., probability of 50 percent) that the veteran's current low back disorder was caused by active military service.
The deciding factor: The pre-existing condition argument has been raised, but further medical examination and opinion are needed to determine if the condition existed prior to service and whether any increase in severity during service is due to natural progression or superimposed injury.
- Claimed conditions
- low back disorder, lumbosacral strain with spina bifida occulta at S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2008
- Citation
- 0831025
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0831025.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for a VA examination and medical opinion to determine if the Veteran's low back disorder and bilateral hip disorder are related to his service-connected Crohn's disease.
- Denied
The Board denied the Veteran's claims of service connection for low back disorder, skin disorder, tongue condition, right chest costochondritis, and right hand shaking due to lack of evidence linking these conditions to his military service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, finding that side effects from prescribed medications contributed substantially and materially to his accidental motorcycle collision resulting in fatal injuries.
- Granted
The Veteran's service connection claims for dermatitis/eczema, sleep apnea, a psychiatric disorder (including MDD and PTSD), hypertension, COPD, low back disorder, and prostate cancer are all granted. The Board found that the evidence supported these determinations based on direct service connection.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.