The Board denied the veteran's claims for service connection for a back disorder or degenerative disc disease of the low back and an initial evaluation in excess of 20 percent for residuals, injury, right (major) hand. The Board found that there was no evidence of a chronic back disorder during service or within one year after discharge, and denied service connection based on lack of continuity of symptomatology. For the right hand disability, the Board noted that while the veteran had subjective complaints prior to April 2005, the VA examination in August 2006 did not reveal any current abnormalities of the thoracic spine or a gibbus deformity.
The deciding factor: The evidence does not support a finding of continuity of symptomatology for a back disorder during service and after discharge. The veteran's service medical records do not document any chronic back pain, and there is no competent medical evidence linking his current back condition to service. For the right hand disability, the VA examination did not reveal any current abnormalities that could be related to the in-service injury.
- Claimed conditions
- back disorder or degenerative disc disease of the low back, right hand injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 27, 2008
- Citation
- 0836810
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 0836810.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for entitlement to left hip injury, right hip injury, and right hand injury was dismissed as these issues were not properly appealed. The remaining claims are remanded for further development.
- Granted
The veteran's PTSD rating was increased to 70% and service connection for a right hand injury secondary to PTSD was granted.
- Remanded (sent back)
The Board has remanded the claims of service connection for lower back bulging disc L4-L5, broken left finger with misplaced bone, right ankle sprain, and right hand injury due to a duty to assist error. The Veteran is required to be afforded VA examinations to determine if he has residuals from these conditions and whether they are at least as likely as not related to service.
- Dismissed
The Board has dismissed the appeals for service connection and rating for left foot condition, bilateral pes planus, right hand injury, and chronic headaches due to the appellant's withdrawal of the appeal.
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