The Board denied an earlier effective date for the assignment of a 40 percent evaluation for a low back disability, finding that the earliest date on which it can be factually ascertained that the veteran experienced an increase in his service-connected low back disability to support a 40 percent evaluation is December 2, 1998.
The deciding factor: The Board found that the effective date for the increased evaluation should not precede the date of receipt of the claim for an increased evaluation, which was received at the RO in December 1995.
- Claimed conditions
- Thoracic spine disability, Low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 9, 2003
- Citation
- 0315302
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 0315302.
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.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
- Denied
The Board denied service connection for a heart disability, finding no current diagnosis and that the Veteran's reported symptoms were not supported by medical evidence. The issues of service connection for a low back disability and entitlement to TDIU are remanded.
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