The Board has restored the Veteran's compensation benefits for lumbar spinal stenosis, as the original grant was not based on fraud and there is no evidence that the Veteran did not have the requisite service.
The deciding factor: The AOJ failed to demonstrate that the original grant of 38 U.S.C. § 1151 compensation benefits for lumbar spinal stenosis was based on fraud or show from military records that the Veteran did not have the requisite service or character of discharge, thus severance was improper.
- Claimed conditions
- lumbar spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2021
- Citation
- 21076454
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 21076454.
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 has granted service connection for lumbar spine disability, left hip disability, right hip disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected left total knee replacement.
- Denied
The Board has denied the Veteran's claims for service connection for lumbar spinal stenosis, spondylolisthesis, and radiculopathy of the left lower extremity as there is no persuasive evidence that these conditions began during or were caused by his military service.
- Denied
The Veteran's claim for service connection for lumbar spinal stenosis has been denied as there is no persuasive evidence of a current diagnosis.,Her claim for an initial compensable rating for chronic sinusitis was also denied due to lack of sufficient evidence showing the required symptoms.
- Remanded (sent back)
The Board has remanded the case for a more detailed and thoroughly explained medical opinion regarding whether the Veteran requires personal care services, supervision or protection based on neurological impairment, or regular extensive instruction to function in daily life.
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