The Board found that the Veteran's low back disability, including degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by active service and may not be presumed to have been incurred in or aggravated by active service. The evidence did not support a finding of continuity of symptomatology following the in-service complaints as required for service connection pursuant to 38 C.F.R. § 3.303(b). Additionally, there was no competent medical evidence establishing that the Veteran's current low back disabilities are etiologically related to active service. The Board also found that the criteria for a total disability rating based on individual unemployability due to service-connected disability were not met.
The deciding factor: The VA examiner concluded that it was less likely than not that the Veteran's present problems with degenerative disc disease of the lumbosacral spine were related to the low back muscle strain he experienced in service. The evidence did not support a finding of continuity of symptomatology following the in-service complaints as required for service connection pursuant to 38 C.F.R. § 3.303(b).
- Claimed conditions
- low back disability (degenerative disc disease of the lumbosacral spine)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2011
- Citation
- 1130397
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 1130397.
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