The Veteran's claim for service connection for a lower back condition was denied in May 1975, but new evidence has been submitted that relates to an unestablished fact necessary to substantiate the claim. The Board has therefore granted the petition to reopen this claim.,Service connection for the lower back condition is denied as there is no evidence of a current disability or any link between service and the claimed condition.
The deciding factor: The preponderance of the evidence does not support a finding that the Veteran's current lower back condition began during active service, or is otherwise related to an in-service injury, event, or disease.,There is no current diagnosis of scarring of the lungs or any asbestos-related respiratory condition. The Veteran's recent VA treatment records reflect a reported remote history of asbestos exposure but do not show evidence of asbestosis.
- Claimed conditions
- lower back condition, respiratory condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2018
- Citation
- 18153746
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 18153746.
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 service connection for both a lower back condition and a cervical spine condition, finding that the evidence did not support a nexus between these conditions and service.
- Granted
The Board has granted the Veteran's claim for service connection for a lower back condition, including thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS. The decision finds that the Veteran's current disability is causally related to his military service due to an accident during training in 1963.
- Denied
The Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, depression, migraine headaches, hypertension, abnormal heartbeat, bilateral eye condition (sensitivity to light), erectile dysfunction, skin disorder, upper spine condition, lower back condition, skeletal arthritis of entire joint system, left hip condition, right hip condition, left knee condition, right knee condition, left foot condition, and right foot condition have all been denied.,The Board found that the Veteran did not meet the criteria for service connection for any of these conditions due to a lack of current disability or no evidence linking the claimed conditions to his active duty service.
- Remanded (sent back)
The Veteran's respiratory condition, including COPD, is remanded due to errors in obtaining SSA records and an inadequate TERA memo. The Board finds the AOJ erred by not attempting to obtain relevant SSA records and by relying on an incomplete TERA memo.
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