The Veteran's lumbar DJD is presumed to have been incurred in service, and his psychiatric disability is presumed to have pre-existed service. The claims are granted.
The deciding factor: Lumbar DJD was first manifested within the year following discharge from active duty, warranting presumptive service connection under VA regulations. The psychiatric disability is presumed to have existed prior to service based on its presence during a period of active duty.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Variously diagnosed psychiatric disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 1, 2009
- Citation
- 0920268
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. Search VA.gov for the original decision (opens in a new tab) using citation 0920268.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied increased ratings for the Veteran's degenerative joint disease of the lumbar spine, right and left lower extremity radiculopathy, and depressive disorder. However, it granted a total disability rating based on unemployability (TDIU) and special monthly compensation at the housebound rate.
- Denied
The Board denied a disability rating in excess of 20 percent for DJD of the lumbar spine from February 25, 2016 to September 15, 2023 and denied a rating in excess of 40 percent from September 16, 2023.
- Granted
The Board has granted service connection for a spine disability and lower extremity radiculopathy as secondary to the Veteran's service-connected knee disabilities. The Veteran was also granted an increased rating of 30 percent for his scars.
- Denied
The Veteran's initial evaluations for DJD of the lumbar spine and radiculopathy of both lower extremities have been denied as they do not meet the criteria for higher ratings under VA rating criteria.
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