The Board found that the December 1967 rating decision was not clearly and unmistakably erroneous, and denied the veteran's request for an earlier effective date for his total disability rating based on individual unemployability.
The deciding factor: The RO correctly assigned a combined evaluation of 70 percent with a total rating based on individual unemployability effective September 19, 1995, as the claim was received on that date and entitlement arose at that time.
- Claimed conditions
- Herniated nucleus pulposus of L4-L5, Degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- July 11, 2003
- Citation
- 0315650
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 0315650.
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.
- Granted
The Board granted service connection for degenerative disc disease of the cervical spine, left shoulder strain, and osteoarthritis of the left hip status post left hip replacement based on a nexus to the Veteran's military service as a Navy SEAL.
- Granted
The Board granted service connection for degenerative disc disease of the cervical spine, left and right upper extremity radiculopathy, as secondary to a service-connected lower back disability.
- Granted
The Board granted service connection for degenerative disc disease of the cervical spine and carpal tunnel syndrome based on continuity of symptomatology since separation from service.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease of the cervical spine and entitlement to TDIU due to the need for a medical opinion on whether the Veteran's symptoms amount to functional ankylosis.
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