The Board has determined that the earliest date as of which it is ascertainable that an increase in disability had occurred was June 29, 1997. The veteran's claim for a higher rating for his service-connected low back strain with deep back muscle atrophy is granted.
The deciding factor: Medical evidence from June 29, 1997, showed the veteran wore a back support as secondary to his chronic back disability with extensive atrophy of the left paraspinal muscle. This evidence was received within one year prior to the date of receipt of the informal claim for an increased rating.
- Claimed conditions
- Low Back Strain, Deep Back Muscle Atrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 5, 2001
- Citation
- 0115455
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 0115455.
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.
- Granted
The Board has granted a rating of 40 percent for the Veteran's service-connected low back strain with degenerative arthritis, effective from September 26, 2008. The decision is based on functional limitation equivalent to forward flexion limited to 30 degrees or less due to pain and other symptoms.
- Dismissed
The Veteran's low back strain is rated at 40 percent, and the issues of IBS and CFS are dismissed. The Veteran's PTSD and depressive disorder with a major depressive episode do not meet criteria for a higher rating. Service connection is granted for cervical strain and right knee pain.
- Denied
The Veteran's low back strain disability was denied a higher rating prior to July 20, 2020. Separate ratings of 10 percent were granted for radiculopathy affecting the sciatic and femoral nerves in the lower extremities from July 20, 2020.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including erectile dysfunction, PTSD, depression, frequent urination, intermetatarsal neuroma right foot, left knee condition, right knee condition, low back strain, shoulder strain, and tinnitus, due to a failure to provide necessary examinations.
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