The Board has determined that the evidence does not clearly and unmistakably establish that the Veteran's low back disability is unrelated to his active service, thus restoring service connection for degenerative joint disease of the lumbar spine. The same reasoning applies to the restoration of service connection for osteoarthritis of the right hip, L5 radiculopathy of the right lower extremity, and L5 radiculopathy of the left lower extremity.
The deciding factor: The evidence does not clearly and unmistakably establish that the Veteran's low back disability is unrelated to his active service.
- Claimed conditions
- degenerative joint disease of the lumbar spine, osteoarthritis of the right hip, L5 radiculopathy of the right lower extremity, L5 radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2010
- Citation
- 1035649
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 1035649.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Granted
The Veteran's low back disability was rated at 40% prior to September 28, 2018. From that date, the rating was increased to 50%. The earlier effective date for TDIU is denied.
- Granted
The Veteran's service-connected bilateral hip disabilities, together with his service-connected residuals of left ankle fracture, resulted in the loss of use of his bilateral lower extremities and affected the functions of his balance and propulsion as to preclude locomotion without the aid of crutches, a walker, or a cane. The Board has granted entitlement to a certificate of eligibility for specially adapted housing (SAH).
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