The Board found that the veteran's low back disorder existed prior to service and was not aggravated by service. The VA examiner opined that his current back disorders were likely related to a pre-existing injury in 1951, which occurred outside of service. As such, he did not meet the criteria for service connection. Additionally, the Board determined that the veteran's combined disability rating (70%) was insufficient to warrant a TDIU based on his service-connected disabilities alone.
The deciding factor: The pre-existing low back disorder clearly existed prior to service and was not aggravated by service.
- Claimed conditions
- Low back disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 12, 2008
- Citation
- 0842977
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 0842977.
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.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Granted
The Board has granted service connection for a low back disorder. The claims for bilateral hearing loss, hypertension, bilateral knee disorder, and an acquired psychiatric disorder are remanded.
- Denied
The Board denied service connection for a low back disorder, finding that the evidence did not show an in-service onset or relationship to service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for low back disorder and bilateral knee disorders due to duty to assist errors prior to the rating decision on appeal. The Veteran is not prejudiced as a remand is necessary to correct these errors.
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