The RO denied service connection for additional back pathology and granted an increased rating for low back strain, but the veteran is seeking a higher rating and earlier effective date.
The deciding factor: The RO found that the veteran's claim was not properly presented due to lack of proper notice regarding denial of service connection for additional back pathology.
- Claimed conditions
- low back strain, history of compression fracture of the lumbar vertebra with secondary osteoarthritis changes and significant restricted range of motion, degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 30, 2002
- Citation
- 0210936
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 0210936.
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 Veteran's service-connected disabilities render him unable to follow and secure substantially gainful employment, thus a total disability rating for individual unemployability is granted.
- Dismissed
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- Partly granted
The Board denied service connection for multiple conditions, but granted service connection for bilateral hearing loss and tinnitus.
- Denied
The Board denied service connection for coccyx chronic pain/residuals of fracture, low back strain, and bilateral hearing loss as the probative evidence did not support a finding that these conditions were incurred in or due to active service.
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