The veteran's claim for an increased rating for his back disability is denied as the evidence does not show that he meets the criteria for a higher rating under VA's schedular guidelines.,The effective date of the 60% rating for the service-connected back disability is set at November 22, 1994. The claim for an earlier effective date is denied because it was not factually ascertainable that the veteran met the criteria for a 60% rating prior to this date.,The effective date of the total disability rating based on individual unemployability is set at November 17, 1998. The claim for an earlier effective date is denied because it was not factually ascertainable that the veteran met the criteria for a total disability rating based on his service-connected disabilities prior to this date.

The deciding factor: The evidence does not show that the veteran's back disability meets or exceeds the criteria for a higher rating under VA's schedular guidelines.,It was not factually ascertainable prior to November 22, 1994, that the veteran met the criteria for a 60% rating due to pronounced intervertebral disc syndrome. The evidence from this date onward is considered in determining the effective date of the increased rating.,It was not factually ascertainable prior to November 17, 1998, that the veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation. The evidence from this date onward is considered in determining the effective date for the total disability rating.

Claimed conditions

Back Disability

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

60%

Decision date

February 22, 2000

Citation

0004583

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 0004583.