The Board found that the Veteran's current lumbar spine disability was not incurred in or aggravated by active service and arthritis may not be presumed to have been so incurred or aggravated.
The deciding factor: The VA examiner opined that the Veteran's intervertebral disc syndrome with right lower extremity radiculopathy and moderate low back pain was most likely caused by or a result of his injury pattern in the 1990s and treatments 10 years following his discharge from service, rather than a soft tissue injury for which he reported to sick call while in service.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Mild right lower extremity lumbar radiculopathy, Moderate mechanical low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2011
- Citation
- 1136137
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 1136137.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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