The Board found that the appellant's lumbar spine degenerative disease was not incurred or aggravated in service and arthritis may not be presumed to have been incurred during service. The claim for a higher rating for bilateral hearing loss disability prior to March 18, 2004, is denied.
The deciding factor: The VA examiner determined that the lumbar spine degenerative disease was not related to service due to the lack of continuity of symptomatology and the absence of evidence showing it was incurred in service. The Board also noted that the appellant's bilateral hearing loss disability did not represent an exceptional pattern of hearing.
- Claimed conditions
- lumbar spine degenerative disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2008
- Citation
- 0839788
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 0839788.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's lumbar spine disability was not found to meet the criteria for a higher rating, as it did not demonstrate forward flexion of the thoracolumbar spine at or below 30 degrees.
- Remanded (sent back)
The Veteran's appeal is remanded for further consideration of his claims, including service connection for an acquired psychiatric disorder and the rating for his back disability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete records and insufficient examinations. The Veteran is seeking service connection for various orthopedic conditions, including lumbar spine degenerative disease, bilateral hips, knees, legs, and feet, as well as hypertension, jaw condition, and headaches.
- Dismissed
The Veteran's service-connected disabilities, including chronic kidney disease and multiple musculoskeletal conditions, rendered him unable to secure or follow substantially gainful employment prior to January 27, 2021. From that date, his combined disability rating was 100 percent due to the combination of all his service-connected conditions.
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