The veteran is seeking higher ratings for chronic low back strain with degenerative disc disease, but the Board finds that a rating in excess of 20 percent from January 30, 1981, to June 9, 1981, and a rating in excess of 60 percent effective December 17, 1985, are not warranted.,The veteran also seeks an earlier effective date for the assignment of a total disability rating based on individual unemployability. The Board finds that he did not become disabled enough to be unable to work prior to December 17, 1985.
The deciding factor: There is no evidence showing muscle spasms or other criteria for higher ratings from January 30, 1981, to June 9, 1981, and the maximum schedular rating of 60 percent has been assigned since December 17, 1985.,The veteran's self-reported onset date for his disability was December 17, 1985. The Board finds that he did not become disabled enough to be unable to work prior to this date.
- Claimed conditions
- chronic low back strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2006
- Citation
- 0608066
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.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional consideration of new evidence.
- Partly granted
The veteran's low back disability was rated at 10 percent from September 1968 to January 1981 and June 1981 to December 1985, but a 40 percent rating was granted for the period from January 30, 1981, to June 8, 1981.
- Granted
The Board granted the veteran's claim, assigning a 20 percent disability rating for his chronic low back strain with degenerative disc disease as of the effective date of the new rating criteria.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.