The Board found that the Veteran's current back disability, including osteoarthritis of the facet joints and degenerative disc disease, was not incurred in or aggravated by active service. The earliest clinical evidence of a back disability is from 1994, approximately 41 years after separation from service.
The deciding factor: The VA examiner opined that it was less likely as not (less than 50 percent probability) that the Veteran's current back disability was incurred in or caused by his claimed in-service injury and event. The examiner noted that the earliest clinical evidence of a back disability is from 1994, when the Veteran was 64 years old, and suggested that degenerative changes are not uncommon at this age.
- Claimed conditions
- back disability, osteoarthritis of the facet joints, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2011
- Citation
- 1142557
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 1142557.
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.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
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