The Veteran's claim for service connection for lumbar degenerative disc and joint disease is granted, as the evidence shows that his disability had its onset during active duty.
The deciding factor: Service treatment records show the Veteran was diagnosed with a chronic lumbar spine sprain in-service, and he reported ongoing back pain since then. The Board found this sufficient to establish service connection due to the onset of the condition during active duty.
- Claimed conditions
- lumbar degenerative disc and joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19129935
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.
- Dismissed
The Board denied the veteran's attempts to appeal rating decisions due to untimeliness of the appeals.
- Partly granted
The appeal for service connection of a neck condition was dismissed. The veteran's rating for thoracic strain, lumbar degenerative disc and joint disease, and stenosis was restored to 40 percent. A 10 percent rating for bursitis in the right hip was granted. The claim for sleep apnea was remanded.
- Remanded (sent back)
The Veteran's service-connected lumbar degenerative disc and joint disease, as well as bilateral lower extremity radiculopathy, do not meet the schedular requirements for a total disability rating due to individual unemployability. However, given that he was granted Social Security benefits based on his back conditions, the Board has remanded the case for further consideration of an extraschedular award of individual unemployability benefits.
- Granted
The Board has determined that the evidence is in equipoise regarding whether the Veteran's current lower back disability is a residual of his service-connected injury. Therefore, the claim for service connection for residuals of a lower back injury during service is granted.
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