The veteran's low back disorder is presumed to have been incurred during service, while his acquired psychiatric disorder was not incurred in or aggravated by military service.
The deciding factor: The presence of degenerative changes within one year after discharge supports the presumption of service connection for the low back disorder. However, clear and unmistakable evidence shows that the veteran's acquired psychiatric disorder preexisted service and was not aggravated during it.
- Claimed conditions
- Low back disorder, Acquired psychiatric disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2009
- Citation
- 0901984
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for an acquired psychiatric disorder, finding a causal relationship between the condition and an in-service incident of military sexual trauma (MST).
- Remanded (sent back)
The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disorder due to a pre-decisional duty to assist error.
- Partly granted
The Board granted an effective date of May 29, 2019 for service connection for an acquired psychiatric disorder but denied earlier effective dates and increased ratings for other conditions.
- Granted
The Board granted service connection for an acquired psychiatric disorder, a right knee disorder, and a lumbar spine disorder.
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