The Board denied the veteran's claims for increased disability rating and TDIU, but granted an effective date of September 20, 2000 for a 40 percent evaluation for his service-connected low back strain.
The deciding factor: The evidence did not show that the veteran's service-connected conditions were severe enough to prevent him from engaging in substantially gainful employment consistent with his education and occupational experience within one year prior to September 20, 2000.
- Claimed conditions
- low back strain, sinusitis, bronchial asthma, allergic rhinitis, postoperative lipoma of the left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 28, 2006
- Citation
- 0608907
Veterans Law Judge
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. Search VA.gov for the original decision (opens in a new tab) using citation 0608907.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Whole decision: Dismissed
The Veteran withdrew all his appeals, including the one for an increased rating for low back strain.
- Whole decision: Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Whole decision: Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
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