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Denied

The Board denied an effective date earlier than July 21, 1994 for the assignment of a 40 percent evaluation for service-connected degenerative disc disease L4-5 with conversion reaction. The RO established July 21, 1994 as the effective date.

The deciding factor: The earliest effective date that could be assigned is July 28, 1993 if it could be factually determined that the entitlement existed at that date. However, there is no medical or other competent evidence showing that it was factually ascertainable in the year prior to July 28, 1994 that a 40 percent rating was warranted for the back disability.

Claimed conditions
degenerative disc disease L4-5 with conversion reaction
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
40%
Decision date
April 8, 2005
Citation
0510253

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 0510253.

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