The Board denied the appeal, concluding that a chronic low back disability was not present in service or within one year afterward. The current postoperative lumbar degenerative disc disease and degenerative joint disease are not etiologically related to service or any event in service, nor is it proximately due to his service-connected pelvic fracture residuals.
The deciding factor: The Board found that the Veteran's current low back disability was not caused by an injury during service and could not be presumed as a result of exposure to Agent Orange. The disability was also determined to be unrelated to any service-connected condition, including his pre-existing pelvic fracture residuals.
- Claimed conditions
- low back disability, postoperative lumbar degenerative disc disease, degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2009
- Citation
- 0914079
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 0914079.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claims of right shoulder disability and low back disability due to insufficient evidence.
- Granted
The Veteran's claim for service connection of a low back disability was granted with an effective date of January 9, 2018. The Board accepted her November 21, 2019 VA Form 20-0996 as a valid opt-in of the April 2019 SOC into the modernized review system.
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