The veteran's claims for an increased rating for myositis, lumbar spine and a finding of permanent total disability due to post-traumatic stress disorder prior to July 13, 2000 were denied. The claim for an earlier effective date for the 100 percent evaluation for post-traumatic stress disorder was not addressed as it is moot given the outcome.
The deciding factor: The veteran's service-connected myositis, lumbar spine warranted a maximum 40% evaluation under the old criteria and did not meet the new criteria for an increased rating. The claim for permanent total disability due to post-traumatic stress disorder prior to July 13, 2000 was denied as there was no evidence of unemployability before that date. The earlier effective date claim for the 100% evaluation for post-traumatic stress disorder is moot because the veteran's service-connected disabilities did not meet the criteria for a finding of permanent total disability prior to July 13, 2000.
- Claimed conditions
- myositis, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 12, 2006
- Citation
- 0613961
Veterans Law Judge
Decisions by this judge: 1,242 · Granted: 26% (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 0613961.
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