The Board has granted the Veteran's claim for service connection for degenerative arthritis of the spine, finding that his current condition is at least as likely as not related to a fall during basic training. The presumption of soundness applies due to the preexisting nature of the condition.
The deciding factor: The Board found clear and unmistakable evidence that the Veteran's back injury preexisted service but failed to show by clear and unmistakable evidence that it was aggravated during service, thus preserving the presumption of soundness. The current diagnosis is a progression of disabilities noted in-service.
- Claimed conditions
- Degenerative arthritis of the spine
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20073818
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.
- Granted
The Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for service connection for degenerative arthritis of the spine to obtain a new medical opinion that considers an in-service injury after appropriate efforts are made to obtain the appellant's service treatment records.
- Dismissed
The veteran withdrew his appeals for service connection for degenerative arthritis of the spine, bilateral neuropathy below the hips, and a skin disability.
- Remanded (sent back)
The Board remands the matter for further development and readjudication due to an incomplete medical nexus opinion.
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