The Board has granted service connection for the Veteran's thoracolumbar spine disability, finding that the evidence is at least evenly balanced as to whether the condition had its onset in active-duty service. The decision resolves reasonable doubt in favor of the Veteran.
The deciding factor: The Board found that the Veteran's competent and credible statements regarding his back symptoms during service and since then, coupled with a current diagnosis, supported service connection for his thoracolumbar spine disability.
- Claimed conditions
- thoracolumbar spine degenerative disc disease, retrolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001280
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (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 24001280.
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 Veteran's service-connected disabilities, including migraine headaches, chronic vertigo, thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, left and right lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined effects of these disabilities.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for degenerative disc disease other than intervertebral disc syndrome, retrolisthesis, and bilateral lower extremity radiculopathy (claimed as back pain) due to incomplete STRs and SPRs. The AOJ is instructed to obtain these records and schedule a VA examination to determine the nature and etiology of the Veteran's back condition.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining complete treatment records from Dr. Akin and Dr. Dolnick, and obtaining medical opinions addressing whether the Veteran's current back disability was caused by wear and tear during service or aggravation of a preexisting scoliosis.
- Denied
The Board denied an earlier effective date for service connection of thoracolumbar spine degenerative disc disease, finding that the Veteran did not file a claim prior to March 1, 2018.
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