The veteran's low back disorder, diagnosed as degenerative disc disease with radiculopathy, is granted service connection because it pre-existed his period of active duty but was aggravated by the service.
The deciding factor: There is clear and unmistakable evidence that the veteran had a low back disorder prior to his 2003 service. However, there is also evidence showing an increase in severity during this period, which cannot be attributed to the natural progression of the disease.
- Claimed conditions
- degenerative disc disease with radiculopathy
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2009
- Citation
- 0900846
Veterans Law Judge
Decisions by this judge: 2,162 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0900846.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for the Veteran's low back disability, finding that it is related to his in-service injuries and has persisted since then. The decision also acknowledges the Veteran's self-reported symptoms and treatment.
- Remanded (sent back)
The Board has remanded three issues related to service connection for various conditions, including a lumbar spine disorder and bilateral knee disorders. The decision does not specify the rating assigned or effective date.
- Granted
The Veteran's tinnitus has been granted service connection. The issues of service connection for PTSD and a thoracolumbar spine disorder have been remanded.
- Remanded (sent back)
The Veteran's claim for service connection for back disorders is reopened, but the appeal remains remanded due to the need for a new VA examination and opinion regarding the etiology of his diagnosed conditions.
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