The Board finds that the Veteran's current TBI residuals and low back disability are at least as likely as not incurred in service, with the most probative evidence showing a history of treatment for these conditions during his military service. The examiner considered the Veteran's civilian occupation and recreational activities but did not discount the likelihood of an in-service injury contributing to his current disabilities.
The deciding factor: The VA examiner failed to consider the Veteran’s credible report of back problems that had onset in service, specifically in light of the fact that the service treatment records show continued treatment for his lower back issues starting from 2009. The Board concludes that the Veteran's current lumbar spine disability was at least as likely as not incurred in service.
- Claimed conditions
- Traumatic Brain Injury (TBI) residuals, Low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2014
- Citation
- 1450928
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 1450928.
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.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claims for increased disability evaluation and effective dates are being remanded due to the need for a new VA examination to address the severity of his low back disability, including whether he has experienced incapacitating episodes of IVDS.
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