The Board finds that the veteran's current back disability is more likely than not due to in-service manifestations and grants service connection.
The deciding factor: The evidence includes service treatment records showing a fall and subsequent low back pain, post-service medical records indicating chronic intermittent LSS, and credible testimony of continuity of symptomatology. The VA examiner's opinion was less convincing given the history of a laminectomy and the 1985 diagnosis of chronic intermittent LSS.
- Claimed conditions
- Residuals of a low back injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2009
- Citation
- 0907751
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.
- Partly granted
The veteran's service connection for residuals of a low back injury was granted, while the claims for an initial evaluation in excess of 30 percent for anxiety disorder with somatic features and for service connection for residuals of a hip injury were denied.
- Denied
The Board denied the veteran's claim for service connection for residuals of a low back injury, as there was no evidence that his current chronic low back disorder was related to active duty.
- Remanded (sent back)
The Board is remanding the claims for service connection for residuals of low back, left shoulder and neck injuries, as well as the claim for prostate cancer, due to an inadequate medical opinion from a previous VA examination.
- Remanded (sent back)
The Board remands the issue of service connection for residuals of a low back injury to ensure that VA obtains a medical examination and opinion addressing whether the veteran's low back disability is related to his military service.
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