The veteran's claim for a total rating for compensation purposes based on individual unemployability was denied as the effective date could not be earlier than September 27, 1999 due to lack of factual ascertainability within one year prior.
The deciding factor: It was not factually ascertainable that an increase in disability had occurred within one year previous to the date the veteran's claim for increased compensation based on unemployability was received.
- Claimed conditions
- Low back strain with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2001
- Citation
- 0112866
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 0112866.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 decided to remand the Veteran's claims for an initial rating in excess of 20 percent for low back strain with degenerative arthritis and sciatic nerve radiculopathy, left lower extremity. Additionally, a TDIU claim is also being remanded due to the need for further examination.
- Remanded (sent back)
The Veteran's appeal is remanded for further examination and clarification regarding the severity of his service-connected conditions, specifically peripheral neuropathy of the right lower extremity.
- Remanded (sent back)
The Veteran's GERD is rated 10 percent disabling, and the Board finds that it does not meet the criteria for a higher rating.,The Veteran's left knee strain with instability and shin splints, left knee strain with limitation of flexion, right knee strain with instability and shin splints, and right knee strain with limitation of flexion are all rated 10 percent disabling. The Board finds that additional evidence is needed to determine if these conditions warrant higher ratings.,The Veteran's left ankle sprain and right ankle sprain are both rated 10 percent disabling. Additional evidence is needed to determine if these conditions warrant higher ratings.,The Veteran's low back strain with degenerative arthritis is rated 20 percent disabling, but the Board finds that additional evidence is needed to determine if this rating is appropriate.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy are both rated 10 percent disabling. Additional evidence is needed to determine if these ratings are appropriate.
- Granted
The Board has granted a 20 percent evaluation for low back strain with degenerative arthritis, effective from the entire period on appeal. The Veteran's condition is currently rated as 10 percent prior to August 19, 2015 and from November 5, 2016 through September 9, 2019, and 20 percent thereafter.
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