The Board found that the appellant does not have a current low back disability incurred in or aggravated by service, and arthritis of the lumbar spine may not be presumed to have been incurred or aggravated therein.
The deciding factor: There is no evidence showing a current low back disability related to service, including an injury sustained during active duty for training (ACDUTRA) in May 1989. The appellant's pre-existing congenital abnormality of the lumbar spine did not increase in severity during her reserve component service.
- Claimed conditions
- Degenerative joint disease, Congenital abnormality of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2010
- Citation
- 1004155
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 1004155.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The appeal for a rating in excess of 10 percent for degenerative disc disease and degenerative joint disease, and spinal fusion of the lumbar spine was denied as the Veteran failed to attend a necessary VA examination without good cause shown.
- Dismissed
The Veteran withdrew his appeal for service connection of degenerative joint disease and degenerative disc disease of the thoracolumbar spine, and the Board has no jurisdiction to review this issue.
- Remanded (sent back)
The Veteran's claims for an increased rating and TDIU are remanded due to the need for a VA examination.
- Remanded (sent back)
The Veteran's claims for specially adapted housing and special home adaptation grant are remanded due to pre-decisional duty to assist errors. Additional examinations will be performed, and the Veteran will be provided with updated VCAA notice.
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