The Board has granted service connection for lumbar spine disability and cervical spine disability, finding that the appellant developed these conditions during his active duty special work (ADSW) assignment. Service connection for respiratory disability is also granted as it falls under the presumptive provisions due to participation in Operation New York City following the September 11th attacks.
The deciding factor: The Board found that the appellant's lumbar spine and cervical spine disabilities were incurred during his ADSW assignment, which qualifies him for presumptive service connection. The respiratory disability was granted as it falls under the presumptive provisions due to participation in Operation New York City following the September 11th attacks.
- Claimed conditions
- lumbar spine disability, cervical spine disability, respiratory disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- August 5, 2009
- Citation
- 0929180
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 0929180.
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 Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
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