The Board denied the veteran's claim for an evaluation in excess of 10 percent for upper and lower back strain, as the current spinal disorders were not likely related to the injury in service but rather to the degenerative process of aging and to an inability to exercise secondary to partial left-sided paralysis caused by a gunshot wound to the head after military service.
The deciding factor: The Board determined that competent medical opinion stated the Veteran's current spinal disorders are not likely related to the injury in service, but rather to the degenerative process of aging and to an inability to exercise secondary to partial left-sided paralysis caused by a gunshot wound to the head after military service.
- Claimed conditions
- upper and lower back strain, degenerative arthritis and osteoporosis of the cervical spine, compression fractures of the thoracic spine, degenerative changes of the vertebral and lumbar spine, scoliosis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905753
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for sinusitis, right ankle tendonitis, scoliosis of the lumbar spine, and bilateral lower extremity radiculopathy. Service connection was denied for bilateral hearing loss.
- Granted
The Board granted service connection for scoliosis of the lumbar spine, finding that it was aggravated during service beyond its natural progression.
- Denied
The Veteran's service-connected conditions do not render him unable to secure and maintain substantially gainful employment, as he has returned to work as a boat mechanic. The Board finds that the evidence does not reach equipoise with respect to this claim.
- Denied
The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that his current back condition is not related to his military service and is due to natural progression of aging.
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