The Board found clear and unmistakable evidence that the Veteran's lumbosacral spine disability existed prior to his entry into active military service and was not aggravated by such service, thus granting service connection based on a presumption of soundness.
The deciding factor: The pre-existing condition (lumbosacral spine disability) was noted at enlistment and found to be not aggravated by service, meeting the criteria for presumptive service connection under 38 U.S.C.A. § 1111.
- Claimed conditions
- lumbosacral spine disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2013
- Citation
- 1335927
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 1335927.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his lumbosacral spine disability and for TDIU based on that condition due to inadequate examination. The case is being returned for further development.
- Denied
The Board has denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that there is no evidence to support a link between the condition and active duty service or any other factor.
- Remanded (sent back)
The Veteran's sleep apnea is being remanded for a VA examination to determine if it is proximately due to or has undergone any incremental increase in disability due to his service-connected mental health, back, and shoulder disabilities.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to a duty-to-assist error in the previous VA examination, which did not discount the ameliorative effects of her pain medication. The case is also remanded for consideration of TDIU as part of the evaluation of her back disability.
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