The Board has granted the Veteran's application to reopen his claim for service connection for degenerative arthritis of the lumbar spine status post laminectomy. The Board found that there is at least an equipoise of evidence regarding whether this condition is related to a fall during service in 1979, and thus decided in favor of the Veteran.
The deciding factor: The Board determined that the Veteran's statements about his in-service injury were credible and supported by a VA examination which concluded that the current degenerative arthritis was related to the 1979 incident. The Board found that there is an equipoise of evidence, thus resolving reasonable doubt in favor of the Veteran.
- Claimed conditions
- Degenerative arthritis of the lumbar spine status post laminectomy, Chronic low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2019
- Citation
- 19126473
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 remanded the case for further development to address issues related to a rating in excess of 10 percent prior to December 21, 2022, and in excess of 40 percent thereafter, for residuals of a fracture of the L2 vertebra with chronic low back pain. The propriety of the separately assigned rating for RLE radiculopathy is also remanded.
- Granted
The Veteran's chronic low back pain was granted a rating of 20 percent prior to May 25, 2013. A higher rating is denied.
- Remanded (sent back)
The veteran is seeking service connection for a lower back disability, which he claims is secondary to his service-connected left leg disabilities. The Board has determined that additional medical examination and opinion are needed before the claim can be decided.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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