The Board found that the Veteran's current low back disability did not start during service and was not caused by a disease or injury in service. The Board also noted that DJD of the lumbosacral spine, which is one of the conditions at issue, does not qualify for presumptive service connection under 38 C.F.R. § 3.309.
The deciding factor: The Veteran's current low back disability was not shown to have onset during his military service and there is no evidence that it was caused by a disease or injury in service. The Board also found that DJD of the lumbosacral spine, which is one of the conditions at issue, does not qualify for presumptive service connection under 38 C.F.R. § 3.309.
- Claimed conditions
- Degenerative Disk Disease (DDD) of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2010
- Citation
- 1013841
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 1013841.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted an earlier effective date of November 19, 2008 for the grant of Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities including degenerative joint and disk disease of the lumbosacral spine.
- Dismissed
The Veteran's appeal for service connection of a right shoulder disability has been withdrawn. The case is being remanded to determine the current severity of his lumbosacral spine disability.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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