The Board has determined that the original grant of service connection for herniated nucleus pulposus L5-S1; degenerative disc disease L4-L5, L3-L4, and T11 T12; severe lumbar myositis, right L5-S1 radiculopathy, and dysthymia was not clearly erroneous. The severance of service connection for these conditions is therefore improper.
The deciding factor: The Veteran's statements did not indicate intentional misrepresentation or failure to disclose pertinent facts for the purpose of obtaining VA benefits at the time of his March 2005 claim, and he believed that his pre-existing conditions were no longer an issue at the time he entered active duty in 2002.
- Claimed conditions
- herniated nucleus pulposus L5-S1, degenerative disc disease L4-L5, L3-L4, and T11 T12, severe lumbar myositis, right L5-S1 radiculopathy, dysthymia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- September 26, 2017
- Citation
- 1742232
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 1742232.
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 Veteran's service-connected conditions did not cause or contribute to his death due to a vehicular accident, which was primarily caused by the driver's negligence and poor visibility conditions.
- Remanded (sent back)
The Board has decided to remand the claim of service connection for dysthymia due to inadequate medical opinions and the need for a new examination.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of recent VA examination, and it is recommended that the Veteran undergoes another examination to assess his current psychiatric disability.
- Granted
The Board has granted service connection for an acquired psychiatric disorder, including dysthymia, major depressive disorder, and PTSD, as of March 16, 2005. The decision is based on the evidence showing a formal diagnosis during active duty and consistent lay testimony.
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