The Board found that the Veteran's low back disorder is not service-connected as it existed prior to service and was not aggravated by service. The preexisting defect at L5-S1 of the Veteran's spine was considered a developmental condition, and there was no evidence of permanent increase in severity during service.
The deciding factor: The Board found that the Veteran had a congenital developmental defect of the lumbar spine prior to service which did not undergo any permanent aggravation during service.
- Claimed conditions
- Low Back Disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2009
- Citation
- 0947260
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 0947260.
What this means for you
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What you can do next
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- Dismissed
The Veteran withdrew his appeals for higher ratings in excess of 10 percent for his service-connected right knee disability and low back disorder. As a result, the cases are dismissed.
- Denied
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- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for right hip and low back disorders due to potential errors in duty to assist. Additional medical opinions are needed to address causation.
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