The Board found that the Veteran's low back disability was a congenital/developmental defect pre-existing service, and thus rebutted the presumption of soundness on entry. The examiner opined that the current spondylolysis with L5-S1 spondylolisthesis is congenital/developmental (and was recognized prior to service). As such, the Veteran's low back disability is not service-connected. For his right hip disability, there is no evidence of a chronic condition during service or post-service, and thus it cannot be service-connected.
The deciding factor: The Board found that the pre-existing congenital/developmental defect in the Veteran's low back was not aggravated by service, as evidenced by the negative bone scan following the injury in service. For his right hip disability, there is no evidence of a chronic condition during service or post-service.
- Claimed conditions
- Low Back Disability, Right Hip Disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2009
- Citation
- 0945426
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 0945426.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
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