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

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.