The Board denied the veteran's request for an earlier effective date for service connection of a low back disorder and also denied his claim regarding the propriety of the initial rating assigned for loss of motion of the lumbar spine due to post-surgical changes and degenerative disc disease.
The deciding factor: The Board found that there was no basis for assignment of an effective date earlier than January 6, 1999, for the award of service connection for a low back disorder. The claim for higher initial evaluation remains viable on appeal as the rating had been increased from 10 percent to 40 percent during the pendency of the appeal.
- Claimed conditions
- Low Back Disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 5, 2001
- Citation
- 0127002
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 0127002.
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.
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The reduction of the disability rating for headaches from 50% to 30% is not proper and is void ab initio. Effective dates are denied for various service connection claims.,Multiple issues related to initial disability ratings, effective dates, and earlier effective dates for higher ratings are remanded.
- Dismissed
The Veteran withdrew his appeals for higher ratings in excess of 10 percent for his service-connected right knee disability and low back disorder. As a result, the cases are dismissed.
- Denied
The Board has denied service connection for right shoulder disorder, low back disorder, and bilateral knee disorders as these conditions are not shown to be related to military service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for right hip and low back disorders due to potential errors in duty to assist. Additional medical opinions are needed to address causation.
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