The Board found that new and material evidence had been submitted to reopen the claim for a low back strain, but denied service connection for both the low back strain and contusion to the left calf.
The deciding factor: While there was some evidence of degenerative joint disease, the Veteran's low back condition was not related to the remote lumbar strain sustained during service as the symptoms had resolved by the time of his separation examination. The current disability was more likely related to metastatic carcinoma and aging or occupational affects.
- Claimed conditions
- Low back strain, Contusion to the left calf
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907904
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.
- Remanded (sent back)
The Board remands the claim for an increased rating for low back strain to correct a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected disabilities, including the side effects of medication taken to treat his back disability, precluded substantially gainful employment consistent with his education and occupational experience.
- Denied
The Board denied the Veteran's claim for a rating in excess of 10 percent for his low back strain based on the evidence showing that the disability did not meet the criteria for a higher rating.
- Partly granted
The Board denied a rating in excess of 40 percent for low back strain and a rating in excess of 20 percent for left lower extremity radiculopathy, sciatic nerve after April 26, 2024. However, it granted a 20 percent rating for the left lower extremity radiculopathy, sciatic nerve prior to that date and remanded the claim for service connection for an acquired psychiatric disability.
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