Service connection for a lumbar spine herniated disc disability is granted. The appeal seeking service connection for left Achilles tendonitis is dismissed. From April 21, 2010, a total disability rating based on individual unemployability (TDIU) is granted. Issues related to increased ratings and secondary service connection are remanded.
The deciding factor: The Board found that the evidence was at least evenly balanced for and against (in 'relative equipoise') a finding that service connection is warranted for the Veteran's lumbar spine herniated disc disease as secondary to his service-connected cervical spine disability, resolving reasonable doubt in favor of the Veteran.
- Claimed conditions
- lumbar spine herniated disc, left Achilles tendonitis, cervical spine disability, adjustment disorder, migraine headaches, right upper extremity neurological disability (including radiculopathy and carpal tunnel syndrome)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2019
- Citation
- 19161790
Veterans Law Judge
Decisions by this judge: 1,506 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19161790.
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 claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
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