The Board denied the veteran's claim for an initial rating in excess of 10 percent for his lumbar strain with degenerative disc disease and also denied his request for an earlier effective date. The veteran's service connection was granted based on direct evidence, not a presumption or secondary condition.
The deciding factor: The RO evaluated the veteran's disability under the appropriate diagnostic codes without considering the potential applicability of Diagnostic Code 5293 due to the revised criteria that were in effect during the pendency of this appeal. The Board found no evidence of an earlier effective date and denied both issues.
- Claimed conditions
- lumbar strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2004
- Citation
- 0412116
Veterans Law Judge
Decisions by this judge: 1,175 · Granted: 22% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0412116.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for increased ratings for lumbar strain with degenerative disc disease and bilateral hearing loss has been dismissed as the Veteran requested a withdrawal of his appeal.
- Granted
The Veteran's service-connected disabilities have rendered him unable to dress, undress, bathe, groom himself, prepare meals, and transport himself without the regular aid and attendance of another person. The Board has granted SMC based on the need for aid and attendance since October 10, 2012.
- Granted
The Board has granted the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected disabilities, including fibromyalgia, depressive disorder with anxiety disorder and alcohol abuse disorder, bilateral carpal tunnel syndrome, left knee ligament tear with degenerative arthritis, lumbar strain with degenerative disc disease, degenerative joint disease of hips and great toes, and right knee patellofemoral pain syndrome.
- Partly granted
The Board granted a 20 percent rating for the lumbar spine disorder from May 29, 2019, and denied special monthly compensation based on the need for aid and attendance.
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