The Veteran's appeal was granted, and he is now entitled to service connection for back disability effective March 11, 2009. The issue of secondary service connection for chronic kidney disease remains pending.
The deciding factor: The Board found that the October 2009 rating decision incorrectly applied existing law and regulations by not granting service connection due to a failure to show clear and unmistakable evidence that the Veteran's pre-existing back disability was aggravated by service. The correct standard requires VA to show by clear and unmistakable evidence the disability was not aggravated by service.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 19, 2019
- Citation
- 19155999
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 19155999.
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 Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and has continued since then. The Board granted service connection for this condition based on continuity of symptomatology.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate examinations and the need for a retrospective opinion regarding the severity of his service-connected lumbar spine disability.
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