The Board denied the Veteran's claims for service connection for a low back disability and right hip condition, finding that there was no clear and unmistakable evidence of a pre-existing low back injury in service and that any aggravation during service did not occur.,The Board also found that the Veteran’s right hip condition is secondary to his non-service connected low back radiculopathy.
The deciding factor: The Board denied service connection for both conditions due to a lack of clear and unmistakable evidence showing a pre-existing injury in service, and because any aggravation during service did not occur.,For the right hip condition, the Board found that there was no evidence of an in-service injury or symptomatology, and thus direct service connection could not be established. The secondary service connection claim for this condition also failed as it was determined to be a symptom of his non-service connected low back radiculopathy.
- Claimed conditions
- low back disability, right lower extremity disability (claimed as right hip condition)
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2019
- Citation
- 19174176
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 19174176.
What this means for you
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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 found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claims of right shoulder disability and low back disability due to insufficient evidence.
- Granted
The Veteran's claim for service connection of a low back disability was granted with an effective date of January 9, 2018. The Board accepted her November 21, 2019 VA Form 20-0996 as a valid opt-in of the April 2019 SOC into the modernized review system.
- Dismissed
The Veteran's appeal concerning diabetes and a low back disability has been dismissed due to their death during the pendency of the appeal.
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