The Board granted service connection for the Veteran's thoracolumbar spine disability, finding that there is at least evenly balanced evidence supporting its onset during active duty.
The deciding factor: The decision was based on the Veteran's competent and credible lay statements regarding in-service back injury and continuous symptoms since then, culminating in the current disability, despite a negative opinion from an August 2017 VA examination due to a 20-year gap in treatment records.
- Claimed conditions
- thoracolumbar spine degenerative disc disease, retrolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 9, 2024
- 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.
- Remanded (sent back)
The Board remands the issue of entitlement to an evaluation in excess of 20 percent for thoracolumbar spine degenerative disc disease due to a duty to assist error.
- Denied
The Board denied service connection for thoracolumbar spine degenerative disc disease, and found that new and relevant evidence had not been received to readjudicate the claims for left and right lower extremity stent placements in femoral arteries.
- Dismissed
The appeals for higher ratings of thoracolumbar spine degenerative disc disease and cervical spine degenerative joint disease were dismissed due to the Veteran's death.
- Denied
The Board denied an increased disability rating for the veteran's service-connected thoracolumbar spine degenerative disc disease, finding that the criteria for a higher rating were not met.
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