The claim of service connection for severe lower back pain, including spinal dislocation and related conditions, is granted. The claims for cervical strain, low back disability, bilateral radiculopathy (lumbar region), bilateral radiculopathy (cervical region), and tension headaches are remanded.
The deciding factor: The claim was reopened due to new evidence showing current diagnoses of degenerative disc disease and mild spinal canal stenosis L4-L5. The claims for cervical strain, low back disability, bilateral radiculopathy, and tension headaches were remanded as the VA examiner's opinions were inadequate and did not consider the Veteran’s lay statements on continuity of symptoms.
- Claimed conditions
- severe lower back pain, spinal dislocation, thoracolumbar, mid back, lumbar/thoracic/low back sprain/strain, spine injury, lumbar disc disorder, degenerative spine arthritis, degenerative joint/disk disease of lumbar spine, mild spinal canal stenosis, lumbar strain with mild degenerative joint disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2019
- Citation
- 19169096
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 19169096.
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 bilateral hearing loss, rhinitis, asthma, severe lower back pain, chronic right knee pain, and chronic left knee pain as there was no evidence of a current disability at the time of the claim or during its pendency.
- Remanded (sent back)
The Board has remanded the case due to inadequate compliance with previous instructions and a need for further medical opinion regarding service connection for a lumbar disc disorder.
- Remanded (sent back)
The Board has remanded the case due to insufficient examination and opinion regarding the Veteran's low back disability, which is presumed to be related to service.
- Granted
The Veteran's claim for compensation under 38 U.S.C. § 1151 was granted for neck injury, spine injury, bilateral hand injuries, bilateral arm injuries, right shoulder injury, and PTSD due to VA personnel's negligence in providing appropriate medical care.
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