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Board of Veterans' Appeals · AMA series

Entitlement to service connection for lumbar spine degenerative arthritis is granted.

July 30, 2026Citation Nr. A26069921Docket 220425-239775va.gov source

  • lumbar spine degenerative arthritisGranted
  • left lower extremity radiculopathy, as secondary to lumbar spine degenerative arthritisGranted
  • right lower extremity radiculopathy, as secondary to lumbar spine degenerative arthritisGranted
  • hemorrhoidsGranted
  • right foot conditionRemanded
DecisionAnalysis

Board reasoning

The Board found a current lumbar spine degenerative arthritis and in-service back injury, tying the disability to service. It granted secondary service connection for both left and right lower extremity radiculopathy, as caused or aggravated by the lumbar spine condition. Hemorrhoids were also granted after considering lay evidence and an inadequate negative medical nexus, with a remand for the right foot to correct duty-to-assist and obtain a medical opinion.

Issues

  • lumbar spine degenerative arthritisGranted
  • left lower extremity radiculopathy, as secondary to lumbar spine degenerative arthritisGranted
  • right lower extremity radiculopathy, as secondary to lumbar spine degenerative arthritisGranted
  • hemorrhoidsGranted
  • right foot conditionRemanded

Authorities

  • Dalton v. Nicholson, 21 Vet. App. 23criticized reliance on absence of records as sole basis for negative nexus
  • Buchanan v. Nicholson, 451 F.3d 1331highlighted that lack of contemporaneous records does not render lay evidence incredible
  • Miller v. Wilkie, 32 Vet. App. 249emphasized considering lay statements in nexus opinions
  • Savage v. Gober, 10 Vet. App. 488addressed continuity of symptom evidence for hemorrhoids

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.