The Veteran's back disability is not service-connected as it existed prior to service and was not aggravated during service. The claim for PTSD cannot be granted due to lack of credible supporting evidence that the claimed in-service stressors occurred, given his non-compliance with examination requests. The psychiatric disorder other than PTSD is also not service-connected.
The deciding factor: The Veteran's pre-existing Scheuermann's disease was not aggravated during service and there is no clear and unmistakable evidence to rebut this presumption of soundness. The claim for PTSD cannot be granted as the claimed in-service stressors are not supported by credible supporting evidence, including lack of independent corroboration. The psychiatric disorder other than PTSD is also not service-connected.
- Claimed conditions
- Scheuermann's disease, PTSD, anxiety, concentration problems, memory loss, sleep disturbance
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2010
- Citation
- 1010989
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 1010989.
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.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Partly granted
The Veteran's PTSD was granted a maximum disability rating of 100 percent effective December 12, 2022. The ratings for migraines and IBS with GERD were restored from noncompensable to their previous levels.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
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