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. Search VA.gov for the original decision (opens in a new tab) using citation 0004583.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the VA rating decision denying service connection for a right knee disability and a back disability is not supported by adequate medical opinions, and thus remands the case for further development.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection of a left knee disability, back disability, and left elbow disability must be remanded due to inadequate VA examinations. The Veteran provided lay reports of symptoms but the VA examiners did not consider these reports in their conclusions.
- Remanded (sent back)
The Board has remanded the issues of service connection for right eye, left eye, left knee, and back disabilities due to conflicting statements from the Veteran and inconsistencies in his medical records.
- Denied
The Board denied the Veteran's claim of service connection for a back disability, finding that there was no evidence of an in-service injury or disease and that the current condition is not related to service.
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